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(영문) 서울중앙지방법원 2019.01.10 2018가합533411

양수금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 12, 2011, the Defendant entered into a contract between C and the Defendant (hereinafter “instant land”) with the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government 201.5 square meters (hereinafter “instant land”).

(2) On December 19, 201, the Plaintiff purchased the instant land and its ground buildings at KRW 1.73 billion (a payment after obtaining a loan from E Bank), and completed the registration of ownership transfer on December 19, 201. The Defendant intended to construct a multi-household house on the instant land after purchasing the instant land and its ground buildings, and became aware of C by introducing F as an intermediary for the purchase of the instant land. (b) On June 22, 2012, C and the Defendant came to know of the instant land and its newly built buildings at KRW 2.34 billion (a KRW 1 billion’s loan from E Bank, interest payment from July 19, 2012, the remainder of the construction period, and tax payment from 1.3 billion to 1.4 billion shall be made by the Plaintiff, and the acquisition tax shall be paid from 1.5 billion to 3 billion to 3 billion, and the acquisition tax shall be paid to the Defendant under the name of C and the remainder of the construction.

On November 27, 2012, the Defendant and C agreed to reduce the balance to be paid by C as a purchaser under the instant contract to KRW 1.17 billion.

3) The Defendant newly constructed a multi-household housing (15 households) with three floors of reinforced concrete structure sloping roof on the ground of the instant land (hereinafter “the instant multi-household housing”).

(B) On January 27, 2014, the registration of initial ownership was completed. (b) The Plaintiff leased money to C from May 2012 to November 2017, 201, to the Plaintiff. C is the principal and interest of the loan, and C is 420,000.