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(영문) 서울중앙지방법원 2019.12.20 2019나1366

기타(금전)

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. (i) On May 24, 2006, the Plaintiff, together with the Defendant and G, decided to purchase KRW 139,140,00 for the sale price of KRW 139,140,00 for the purchase price of KRW 140,00 for the building D and E-dong Nos. 140,662 square meters (hereinafter “instant real property”) of Yeonsu-gu Incheon, Yeonsu-gu, Incheon, (i) the sales price of KRW 13,915,00 for each intermediate payment of KRW 13,914,00 for 13,914,000 for each intermediate payment of KRW 5,6,871,00 for the remainder of KRW 27,828,00 for each intermediate payment of KRW 27,828,00 for the premium.

Shebly, the Plaintiff, the Defendant, and G agreed to distribute the total sum of KRW 52,50,00 among the total sum of KRW 104,914,00,000, to the Plaintiff, each of the 26,250,000,000 to the Defendant and G, and the name of the seller for sale shall be the Defendant, and the name of the seller for sale shall be the Defendant, who shall be the representative, and when profits are made from the resale of the above sale rights, the said investment share ratio (the investment share is Plaintiff 50% and the Defendant and G 25%, respectively) shall be allocated (hereinafter “instant resale profit agreement”), and accordingly

B. (i) The Plaintiff, the Defendant, and G paid the loan amount of KRW 5,656,00 (=13,914,000 x 4) out of the sales price of the instant real estate from November 25, 2005 to June 25, 2007, as the total amount of KRW 55,656,00 among the sales price of the instant real estate (i.e., KRW 13,914,00 x 4), and the interest on the said loan was paid on behalf of the Plaintiff, the contractor of the instant real estate.

Luxembourg expressed his intention to withdraw from the investment in the instant real estate, the Plaintiff agreed to acquire the shares of G, and deposited KRW 47,630,000 in total, as KRW 32,630,000, and KRW 15,000,000, which are part of the 5th,630,000 part of the intermediate payment of the instant real estate, and KRW 47,630,000 in total, as of July 25, 2008. < Amended by Presidential Decree No. 20630, Aug. 11, 2008; Presidential Decree No. 20357, Aug. 26, 2008>

Referencely, the Defendant returned to G the money equivalent to the above shares out of the money deposited by the Plaintiff, and then paid the 5th and the 6th part of the instant real estate by adding the charges according to the Defendant’s equity ratio to the remainder.

x) Accordingly, the plaintiff raises objection from G on August 11, 2008.