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(영문) 인천지방법원 2017.09.14 2014가합13439

정산금지급

Text

1. The Defendant (Appointeds) KRW 26,297,122; KRW 38,085,544; KRW 44,539,544; KRW 44,544; and

Reasons

1. Facts of recognition;

A. The Plaintiff and the designated parties (hereinafter collectively referred to as “Plaintiffs, etc.”) and the Defendant jointly invested in around 2000 and agreed to purchase real estate in the name of the Defendant and to equally divide the subsequent costs and profits therefrom (hereinafter “instant agreement”).

B. According to the instant agreement, the Plaintiff, etc. and the Defendant purchased from F on May 10, 200 the area of KRW 1934 square meters prior to G in Yeonsu-gu Incheon (hereinafter “instant land”) and completed the registration of ownership transfer under the name of the Defendant. The said amount of KRW 200 million was invested by the designated parties and the Defendant, respectively, in the amount of KRW 20 million, and the Plaintiff’s KRW 10 million, and on May 19, 200, in the amount of KRW 110 million after establishing a collateral security right of KRW 154 million for the amount of KRW 10 million for the amount of KRW 20 million (the designated parties and the Defendant each, KRW 20 million, KRW 30 million).

C. On May 20, 2005, the Defendant paid the loan interest, property tax, medical insurance premium, etc. imposed on the instant land by receiving money from the Plaintiff, etc., and used the instant land as collateral, and sold the instant land to H around 2013 and completed the registration of ownership transfer in the name of H on October 1, 2013.

Plaintiff

As to the instant land during the period in which the Defendant owned the instant land under the name of the Defendant, KRW 4,598,060, total amount of medical insurance premiums and property taxes, KRW 11,000,000 from May 19, 2000 to May 20, 2005, the principal amount of KRW 42,590,944, and KRW 66,382,056 from May 20, 2005 to October 1, 2013, the Plaintiff et al. paid KRW 12,456,00, KRW 398,000, KRW 100,000 to the Defendant under the name of the Defendant; and during the said period, the Plaintiff et al. paid KRW 12,456,00, KRW 382,000, KRW 952,000, KRW 988,008,00.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1-3 (including virtual numbers; hereinafter the same shall apply), Eul evidence Nos. 5-2 and 14-2, Incheon.