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(영문) 대전고등법원(청주) 2016.11.15 2015나11558

대여금

Text

1. Of the part concerning the counterclaim in the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) ordering payment below.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) On September 18, 2007, the Plaintiff: (a) sold the land of this case included in the N District Housing Site Development Project, which was implemented by the said Corporation pursuant to the Housing Site Development Promotion Act from the Korea Land and Housing Corporation on September 18, 2007; (b) on April 30, 2008, the Plaintiff purchased the land of this case from the Plaintiff, as Nonparty 1, the purchaser of the land of this case, and KRW 380 million,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.

3) With respect to the instant land No. 1, on May 2, 2014, the ownership transfer registration was made in the name of C on the grounds of “sale as of September 18, 2007,” and on November 26, 2014, the ownership transfer registration was made in the name of G on the grounds of “sale by voluntary auction as of November 25, 2014” and on November 26, 2014, the ownership transfer registration was made in the name of G on the grounds of “sale by voluntary auction as of November 25, 2014.”

1) On August 9, 2007, H was sold in lots at KRW 365.9 million by the Korea Land and Housing Corporation the land of this case included in the housing site development project for the said N zone.

At the time, the sale price was agreed to pay 3,6590,000 won as the down payment on the date of the contract, 8,2410,000 won as the first installment on February 9, 2008, and 9, August 9, 2008, February 9, 2009 and August 4, 2009, respectively, 8,2.3 million won as the second installment.

2 H on April 11, 2008, when only the down payment and the first installment have been paid to the Korea Land and Housing Corporation, between K and one other, who is an employee of the above OO Licensed Real Estate Agent Office, K and one other, with respect to the second land of this case.