대여금
1. The part of the judgment of the court of first instance against the Defendant (Counterclaim Plaintiff) shall be revoked;
2. The above-mentioned cancellation part.
1. Basic facts
A. On July 1002, 2002, the Plaintiff (the first H was the name of August 10, 2009) decided to purchase each of the real estate listed in the separate sheet (hereinafter “the instant real estate”) from C, and the Defendant purchased the instant real estate at a container of KRW 220 million, which is the level of KRW 10,000 won per ordinary day.
After that, the defendant shall bear half of the purchase price and the expenses, and the name of the registration shall be determined in the future of the defendant, and the plaintiff shall pay to the plaintiff the half of KRW 12,500,000,000, which is the half of the purchase price and the registration cost, as stated by the plaintiff.
The plaintiff entered into a sales contract with C without the defendant's participation, and the registration of transfer of ownership was completed on September 17, 2002 by the Daegu District Court's Sung-gu Branch of the defendant for the real estate in this case as of September 17, 2002 as of July 20, 2002.
B. Meanwhile, the Plaintiff purchased by himself and sold the building for the registration of ownership transfer to the Defendant in Seongbuk-gu Seoul E-ground (hereinafter “E-building”) which completed the registration of ownership transfer, and the Defendant filed a lawsuit against D on December 6, 2007 as Seoul Central District Court 2007Kadan43058 against D on December 6, 2007.
On February 24, 2009, when the above lawsuit was pending, the Defendant entered into an agreement with the Plaintiff, D, and E, and prepared a letter of agreement (Evidence A No. 3) stating that “12,500,000 won out of the purchase amount of the instant real estate was “the Plaintiff’s money,” and subsequently, on March 18, 2009, the Defendant used the Plaintiff’s purchase of the instant real estate to pay KRW 12,500,000 to the Plaintiff when selling the instant real estate.” (Evidence A No. 1, 250,000,000 won was paid to the Defendant when selling the instant real estate.)
【Ground of recognition” has no dispute, Gap 1-6 evidence, Eul 5.