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(영문) 서울북부지방법원 2016.01.13 2014가합8589

대여금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 25,125,045 to the Plaintiff (Counterclaim Defendant) and its payment from June 28, 2013 to January 13, 2016.

Reasons

1. Basic facts

A. On April 16, 2012, the Plaintiff and the Defendant: (a) newly built multi-household houses (hereinafter “instant building”) on the ground of Dobong-gu Seoul Metropolitan Government 3 large-scale 9m2, D large 151m2 and E large 180m2 (hereinafter “instant land”); (b) the Defendant invested a part of the said C land and the said D land; (c) purchased and invested part of the said C land and the said E land (215m2, respectively); (d) the Plaintiff purchased and invested the said land (215m2, respectively); (e) the construction cost of the instant building, and the cost of the alteration of the name shall be borne by 50%; and (e) the construction cost shall be borne by 90 million won and 50%

(hereinafter “instant joint construction agreement”). B.

On April 17, 2012, the Plaintiff purchased from the Defendant each share of KRW 35/99 of the said C’s land in KRW 74 million, and on April 18, 2012, KRW 382 million of the price of the said E’s land in KRW 382 million (the Defendant actually owned the said land in the name of KRW F: hereinafter “each of the instant sales contracts”). On June 12, 2012, the Plaintiff completed the registration of ownership transfer with respect to the said share of the said land in the said land in the name of each of the Plaintiffs on June 14, 2012.

(C) On June 12, 2012, the registration of transfer was made in the name of the defendant with respect to the remaining portion of land C.

On April 16, 2012, the Plaintiff and the Defendant concluded a contract with H Co., Ltd. (hereinafter referred to as “H”) where the Plaintiff and their husband are joint representative directors, with the amount of KRW 90 million for the new construction of the instant building (including value-added tax), May 20, 2012 on the date of commencement, October 10, 2012 on the date of completion, the down payment amount of KRW 20 million on May 20, 2012; the intermediate payment of KRW 200 million on August 15, 2012; and the intermediate payment of KRW 770 million on October 10, 2012, respectively.

(hereinafter “instant construction contract”). D.

The construction of the instant building was completed on October 19, 2012, and on November 27, 2012, registration of preservation of ownership was completed in the name of the Plaintiff and the Defendant with respect to the instant building.

(1) On September 13, 2013, H filed a lawsuit against the Defendant for the claim for construction cost against the Seoul Eastern District Court 2013Kahap5884.