(영문) 서울중앙지방법원 2018.09.13 2015가단187612

대여금 등


1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.


1. Basic facts

A. The Plaintiff, as a real estate broker, became aware of the Defendant from around 2005, and the Plaintiff and the Defendant have been engaged in real estate transactions, such as purchase and sale of real estate, several times from around 2006 to around 2013, or engaged in money transactions.

B. On February 5, 2008, the Defendant entered into a sales contract with the Plaintiff, a representative, to purchase the Jung-gu Seoul Metropolitan Government D Building E (hereinafter “instant officetel”) to 139 million won (hereinafter “instant sales contract”). On March 11, 2008, the Defendant completed the registration of ownership transfer with respect to the instant officetel in the name of the Defendant.

C. At the time of the instant sales contract, the Defendant and C determined the amount equivalent to KRW 50 million as a loan obligation with the instant officetel as collateral and KRW 10 million as a refund obligation with the lease deposit, in lieu of the payment for the remainder of KRW 79 million. As to the remainder of KRW 24 million, an intermediate payment of KRW 36 million (payment date February 14, 2008) and the remainder of KRW 19 million (payment date).

On January 4, 2008, the Plaintiff paid down payment of KRW 24 million, and the balance of KRW 19 million on February 15, 2008 to C’s account from each of its own accounts. Meanwhile, on March 11, 2008, the Defendant remitted KRW 4,164,820 to F Certified Judicial Scriveners’s fees, and paid KRW 3,058,00 as acquisition tax.

E. On April 11, 2008, the Defendant leased the instant officetel to G with the monthly rent of 8.5 million won, and thereafter sold the instant officetel to H on December 17, 2014 and completed the registration of ownership transfer in H on the same day.

F. Meanwhile, the right to collateral security, which secured the above loan obligation of KRW 50 million, was changed to the Defendant on May 29, 2008 on the ground of acceptance of a contract on May 29, 2008, and the said right to collateral security was cancelled due to termination on October 27, 2011.

[Ground of recognition] Unsatisfy, Gap evidence 1.