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(영문) 서울고등법원 (춘천) 2018.05.30 2017나112

기타(금전)

Text

1.(a)

Of the judgment of the court of first instance, the part against the plaintiff in relation to the defendant B, which orders payment.

Reasons

1. Basic facts

A. On May 2005, the Plaintiff and Defendant B agreed to dispose of the real estate price and distribute the purchase price in proportion to the value of the investment after the Plaintiff purchased the real estate by making investments of KRW 500 million and KRW 200 million by Defendant B.

B. Accordingly, Defendant B purchased from G on June 1, 2005 the land listed in attached Table 1 (hereinafter “Priland before division”) from G in the purchase price of KRW 700 million, and completed the registration of ownership transfer under Defendant B’s name on December 27, 2005, with the payment of KRW 70 million on June 2, 2005, the intermediate payment of KRW 530 million on August 9, 2005, and KRW 100 million on December 27, 2005.

C. A building listed in attached Table 2 (hereinafter “Pried building”) was newly constructed on the ground of Priuri land before partition, and registration of ownership preservation was completed on April 6, 2006 in Defendant B’s name.

Meanwhile, on April 17, 2006, Priland was changed into a site on April 17, 2006.

On April 8, 2008, Defendant B entered into a mortgage contract with the Dong-do Agricultural Cooperative (hereinafter “Dong-dong Agricultural Cooperative”) on the Priuri land and Priuri building prior to the division, with the maximum debt amount of KRW 650 million,00,000,000,000,000,000,000,000,000,000,000,000,000,000 won

(hereinafter referred to as Defendant B’s loan obligation of KRW 500 million to the Agricultural Cooperative Co., Ltd. (hereinafter referred to as “loan obligation to the Agricultural Cooperative Co., Ltd.”). The Plaintiff used the loans of KRW 500 million.

E. On November 2009, Defendant B leased Priland before partitioning C&C (hereinafter “C”) with a fixed period of KRW 50 million and two years for the lease term (hereinafter “instant lease agreement”) on the land before partitioning. Defendant B was paid KRW 50 million from the third table by the Plaintiff.

At the above KRW 50 million, the Plaintiff paid KRW 3 million brokerage commission of the instant lease agreement, and paid KRW 5.75 million to the Defendant B.

(f) On February 23, 2012, 10 square meters, f. from Priuri land before subdivision, E in Chuncheon-si, 10 square meters, and F.