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(영문) 인천지방법원부천지원 2019.02.19 2016가단109224
부당이득반환 등
Text

1. The Defendant’s KRW 95,095,748 as well as the Plaintiff’s annual rate from September 3, 2016 to February 19, 2019.

Reasons

1. Basic facts

A. In around 2004, the Plaintiff purchased 70,041 square meters in Kimpo-si, Kimpo-si, Kimpo-si (hereinafter “Cri”), and developed it, and entered into an investment contract with the Defendant under which the Defendant would receive a remainder of 20-30% of its profits (hereinafter “instant investment contract”). Accordingly, the Plaintiff paid the Defendant KRW 470,000 as the investment amount.

B. In around 2004, the Defendant entered into an investment contract with E with the same content as the instant investment contract, and received KRW 200 million from E as the investment amount.

C. On April 13, 2004, the Defendant entered into a sales contract with F to purchase the purchase price of KRW 870 million (the purchase price of KRW 950,000,000,000,000,000,000,000,000,000).

On July 15, 2004, the Defendant borrowed KRW 200 million from H association in the name of G as collateral and used the said land as the purchase price.

E. However, as the Defendant failed to obtain military consent under the Protection of Military Installations Act for the development of the above real estate, the Plaintiff and the Defendant decided to resell the above real estate in installments and distribute profits therefrom.

E. (1) On February 21, 2006, 1,854 square meters out of 7,041 square meters in I due diligence was divided into J and 2,483 square meters into K, respectively.

(2) After the division on March 9, 2006, the title of ownership with respect to I 2,704 square meters was changed to L.

(3) On May 26, 2006, the title of ownership of M 932 square meters and N 666 square meters, which was owned by L, was changed to the Plaintiff respectively.

(4) On August 28, 2007, 40 square meters was divided into zero out of 1 2,704 square meters following the division, and 40 square meters out of J 1,854 square meters was divided into P.

(5) On August 28, 2007, the title of ownership of O land was changed to F, and the title of ownership of P land was changed to L, respectively.

(6) The Defendant shall be J 1,814 square meters.

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