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(영문) 서울동부지방법원 2018.07.13 2016가단135857

정산금

Text

1. The Defendants each of the KRW 100,284,815 to the Plaintiff and 5% per annum from October 25, 2016 to July 13, 2018.

Reasons

1. Basic facts

A. The Plaintiff and Defendant B are siblings, and Defendant C is the spouse of Defendant B.

B. On February 1, 1997, the Plaintiff and the Defendants agreed to jointly purchase D and two parcels (hereinafter “instant real estate”) for the purpose of obtaining the resale profits (hereinafter “instant investment agreement”) and agreed to purchase the instant real estate between E and E in the name of the Defendants, with the purchase price of KRW 320 million (the contract date: KRW 40 million, the intermediate payment of KRW 110 million, the intermediate payment of KRW 10 million, and February 3, 1997: the remainder of KRW 170 million: February 5, 1997; the remainder of KRW 170 million; and the subsequent payment of the purchase price after March 7, 1997, and completed the registration of ownership transfer at each ratio of shares of the Defendants due to the sale in the name of the Defendants on February 26, 197.

1) Both the conclusion of the above sales contract, the payment of the price, and the transfer registration were led by the Plaintiff. 2) The Plaintiff is in charge of KRW 325 million with the above sales price and the transfer registration cost of ownership, and the Plaintiff was paid KRW 220 million from the Defendants.

On February 3, 1997, the time of the conclusion of the above sales contract, the Plaintiff obtained a loan of KRW 30 million from the G bank, KRW 50 million from H bank on February 4, 1997, KRW 10 million from the enterprise bank on February 13, 1997, and KRW 15 million from the I company on February 24, 1997.

3 The above sales contract was concluded under the brokerage of the J of Licensed Real Estate Agents.

E The seller requested J to sell the instant real estate in KRW 130 million to KRW 40 million. The J accepted the instant amount by stating that E was involved in the further reduction of KRW 1-20 million. The J paid only KRW 150 million to E in the purchase price.

C. After the purchase of the instant real estate, the Defendants paid to the Plaintiff the amount of KRW 300,000 per month of the rent revenue amount to the amount of KRW 300,000 per month. From November 2002 to April 2004, the Defendants remitted KRW 200,000 per month. Accordingly, the payment was suspended thereafter.

The plaintiff on 2016.