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(영문) 의정부지방법원고양지원 2019.09.20 2018가단92499

양수금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

On January 19, 201, the Defendant and C entered into a contract with C to purchase down payment and intermediate payment of KRW 94,50,000 (free transfer of road sites) and KRW 360,950,00 in total, KRW 260,950,00 (hereinafter “instant sales contract”) among the land located in the same area as D prior to D (hereinafter “D land”, and the land located in the same area is indicated only as the lot number) in the case of Pakistan.

On January 20, 2011, the Defendant paid C the down payment and intermediate payment KRW 94,500,000.

On April 6, 2011, E was divided into KRW 918 square meters (hereinafter “E”) and KRW 292 square meters (hereinafter “F land”) prior to F in D land, and thereafter, E was divided into land for factory and land for F was converted into a road.

On March 30, 2011, the Defendant and C, who made a loan execution and ownership transfer registration, made a written contract from C to purchase the E land from C in the balance of KRW 360,950,000 (hereinafter “the sales contract of March 30, 201”).

As of April 12, 2011, the Defendant and C drafted and sealed a contract under which the Defendant purchases 85/292 shares of the F from C in the remainder of 31,060,000 won (hereinafter “the sales contract of April 12, 2011”).

Around that time, the Defendant submitted a sales contract to the Industrial Bank of Korea as of March 30, 201 and April 12, 2011, and applied for a loan for purchase funds of each land E, and the Industrial Bank of Korea executed a loan of KRW 279,450,000 on April 28, 201 and remitted the total amount of the loan to C under the name of the Defendant.

The defendant has completed each registration of ownership transfer with respect to the shares of 85/292 out of the whole and F land E on the same day.

On January 19, 201, the defendant entered into a contract for construction works on new construction of a factory building with the plaintiff and his wife G on January 19, 201, 279,000,000 of the construction cost for the new construction of a factory building on D land (excluding value added tax) and May 30, 201 on May 30, 201.