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(영문) 부산지방법원 2016.07.27 2014가단201144

기타(금전)

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 66,605,339 to the Plaintiff (Counterclaim Defendant) and its related amount from January 20, 2014 to July 27, 2016.

Reasons

1. Common facts in the principal lawsuit and counterclaim;

A. The pertinent Plaintiff is a person engaged in housing construction and construction business with the trade name of C, and Nonparty D is the Plaintiff’s mother and Nonparty E is the Plaintiff’s father.

The plaintiff was introduced through the Gu-gu F, the defendant who is the F's relative.

B. A business plan, etc. of this case 1) The Plaintiff from the end of 2010 to the co-owner H and I (hereinafter “H, etc.”) of the land G and two parcels of land, G, and I (hereinafter “B, etc

A) From the purchase of the above land, the said land is divided into eight parcels, and the land is purchased each parcel and the multi-household housing building (hereinafter “studio building”) is purchased on each ground.

(1) The Plaintiff newly constructed a new construction. The Plaintiff was able to purchase and divide land in the process of each purchase and construction, and introduced business operators for the construction of a new building, and had difficulty in managing the entire construction process and settling the cost (hereinafter “instant project plan”).

(2) The Plaintiff, including the Defendant, knew of the above business plan from around that time.

On April 6, 2011, the Plaintiff, including the Defendant, purchased the land from JJ and two parcels of land on April 6, 201, and divided them into eight parcels (hereinafter “instant eight parcels of land”) and completed each registration of ownership transfer on April 18, 201.

(3) On April 6, 2011, the owners of the instant eight lots of land are 260 square meters (hereinafter “instant road site”) for the purpose of using access roads to the studio building on the eight parcels of land, and the studio building to be constructed on each of the above eight parcels of land.

B jointly purchased shares and registered each share of co-ownership.

G 254,930,00 won 23,278,750 won L 296㎡ M 212,920,000 won in the case of a road price for a road, the purchase price of which is reported by the owner of a site for the purchase of the purchase of the land, "N 231 square meters M 231 square meters M 296,160,000 means P 124,200,000 won in the case of a P 229,980,000 square meters in the case of a 2222 square meters in the case of a land price for which is reported by the owner of a site, "S 124,20,000 won in the case of a 2222 square meters in the case of a 04,50,500,52,300 won in the case of U. 218 square meters in the case of a 52,300.