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(영문) 서울중앙지방법원 2014.10.24 2012가합79151

정산금 등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff and the defendant jointly purchased the apartment under the plaintiff's management, and leased or disposed of it under the plaintiff's management and jointly purchased the apartment as follows.

C Apartment (1) On March 4, 2003, the Plaintiff and the Defendant took over the right to sell E Apartment 306 located in Gangnam-gu Seoul from D, and completed the registration of ownership transfer in the name of F and G when the Plaintiff’s partner F and the Defendant’s seat are completed the registration of ownership transfer in the name of F and G.

(hereinafter referred to as the above apartment C). The plaintiff and the defendant leased C apartment as follows from December 2004 to December 2004.

On December 8, 2004, the Defendant received KRW 30,440,000,000 including the lease deposit of KRW 20,000,000 and the rent of KRW 8.4 million (7,000,000).

The Plaintiff received KRW 130,520,000,00 in aggregate of the rent and increased lease deposit from the mid-2005 to August 2012, 200, and paid the loan interest of KRW 186,00,000 from the rent income, and repaid KRW 93,00,000,000, which is a half of the loan.

(1) On November 19, 2012, KRW 73 million, and KRW 20 million on April 5, 2013). On November 8, 2004, the lessee’s monthly rent is KRW 1.2 million on November 8, 2004, and KRW 20 million on the receipt of partial rents, KRW 1.2 million on January 11, 2007, KRW 1.4 million on the receipt of KRW 20 million on February 2, 2009, KRW 1.4 million on the receipt of Defendant 2 million on June 1, 2010, KRW 1.6 million on the receipt of KRW 2 million on June 1, 2010, KRW 1.6 million on the receipt of KRW 3 million on the receipt of KRW 1.6 million on June 1, 2010.

B. M apartment (i) The Plaintiff and the Defendant purchased 73-201-dong 73, 201-dong 740,000 won fromO on February 18, 2003, jointly, and upon completion of the registration of ownership transfer in the G of the Plaintiff and the Defendant, succeeded to the obligation of KRW 230,000,000 for loans under G name, as well as the obligation of KRW 65,000,000 for lease deposit, and leased it toO on a deposit basis of KRW 30,000,000 for sales amount.