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(영문) 제주지방법원 2018.05.14 2017가단60743

소유권이전등기

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On March 7, 2016, the Plaintiff and the Defendant purchased the real estate listed in the separate sheet (hereinafter “instant real estate”) from Defendant C on KRW 1.6 billion in KRW 1.5 billion in the form of the sales contract (a joint acceptance of KRW 800 million in debt to the mortgagee D Co., Ltd. established on the instant real estate, and the remainder of purchase price shall be borne by half) on April 16, 2016, respectively, on the instant real estate.

B. On August 25, 2016, the Plaintiff and the Defendant agreed to divide the profits by way of selling the interior work after the completion of the construction work on the instant real estate. On August 25, 2016, the Plaintiff and the Defendant concluded a construction contract with the Plaintiff and the Plaintiff (hereinafter “E”) to the effect that the construction cost for the interior work of the instant real estate shall be KRW 468,000,000 (20,000,000 as advance payment, and the remainder of KRW 268,00,00,000 shall be paid after completion of the construction work), and the construction period shall be from August 25, 2016 to October 30, 2016.

C. By September 21, 2016, the Plaintiff paid KRW 100 million to E as advance payment, and E decided to receive the remainder advance payment KRW 100 million from the Defendant by September 2016.

By the end of September 2016, the Defendant failed to pay KRW 100 million in advance to E, and on October 7, 2016, the Plaintiff borrowed KRW 100 million from the Plaintiff, and written up the following loan certificates and a statement of performance (Evidence A 13) with the following contents:

1. The defendant shall decide to borrow advance payment KRW 100,000 from the plaintiff, and interest shall be paid at the rate of 5.5% per month on the sixth day of each month.

② Until now, the Plaintiff paid KRW 145,00,000 (including any arrears in loans and arrears of a bank) at the total amount and remodeling costs, and confirmed that the Plaintiff spent KRW 50,000,000 at remodeling costs on September 21, 2016.

③ As above, the Plaintiff shall bear the number of billion won, and the remodeling work shall be completed by the end of October.