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(영문) 서울남부지방법원 2016.12.13 2016가단12018

정산금

Text

1. The Defendant shall pay to the Plaintiff KRW 68,397,646 and the interest rate of KRW 15% per annum from April 1, 2016 to the date of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff, the Defendant, C, D, and E agreed to make an investment in F,583 square meters of forest F, 7,583 square meters of land (hereinafter “instant land”) in 2009, and purchased the instant land in the name of the Plaintiff and carried out the land development project, but subsequently the said project was suspended.

B. However, the Defendant asserted that the amount of investment in the instant land is a loan to the Plaintiff, and filed a lawsuit claiming a loan with the Suwon District Court (Seoul District Court Decision 2015No12701). The instant case was concluded on October 27, 2015 with the following adjustment.

(1) It is confirmed that the Plaintiff, the Defendant, the Intervenor, the Intervenor C, D, and E jointly purchased the instant land and invested investors, and that they did not lend money to the Plaintiff.

(2) Of the instant land, the Plaintiff’s transfer registration procedure regarding 10/45 for the Defendant, the Intervenor C, and D, and for 5/45 for the Intervenor E.

(3) The costs of the investment under Paragraph (1) above shall be separately determined by mutual agreement between the parties, and shall be shared by the plaintiffs, the defendant, the co-inheritors, C, D, and E in proportion to their respective shares.

C. Following the above conciliation, the Plaintiff, the Defendant, C, D, and E settled the additional costs incurred in relation to the instant land on November 11, 2015, and the Defendant agreed to pay the Plaintiff KRW 68,397,646 according to their respective shares ratio, D 38,397,646, E 34,198,823, and C 28,397,646, respectively, according to their shares ratio.

(A) No. 4-1, 2, hereinafter referred to as the “instant agreement”). D.

On December 11, 2015, the Defendant completed the registration of ownership transfer on 10/45 of the instant land due to the above adjustment.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 16 (including each number), the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant delivered a copy of the complaint of this case to the defendant according to the above agreement, as requested by the plaintiff.