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(영문) 대구지방법원 2016.01.15 2014가단26375

청산금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. In around 2007, the Plaintiff was recommended by EEEENC Co., Ltd. (hereinafter “EEEEENC”), the owner of a D apartment on a parcel outside of Gyeongbuk-si, Gyeongbuk-si, Gyeongbuk-si, 2007, to purchase the above apartment and engage in the rental business.

B. Accordingly, the Plaintiff purchased the above D with the Defendant, who was of intention as Pyeongtaek-dol, and the profits therefrom are divided into won and the Defendant. The Plaintiff raised funds, and the Defendant purchased the above D Apartment Nos. 108, 701, 1806, and 1403 after having agreed to lend the name or to color the nominal name.

C. In paying KRW 3,589,00,00 for the purchase price of Nos. 108, 1403 (hereinafter “instant apartment”), among the above apartment, the Plaintiff paid KRW 4,30,000 for lease deposit to E, a lessee, on behalf of EEXF, and remitted KRW 13,50,000 to F, a director of EEXF, on behalf of EEXF, and the remainder of KRW 18,000,000,000,000 for the instant apartment, was paid by the Defendant as the money borrowed from the National Bank as security, and completed the registration of ownership in the name of the Defendant for the instant apartment.

However, the defendant later did not distribute to the plaintiff all the rent, etc. received by leasing the apartment of this case to another person, on the ground that the registration of ownership transfer was completed in the name of the defendant, and the defendant did not pay to the plaintiff the profit therefrom.

E. Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 41 million equivalent to KRW 1/2,00,000, which is equivalent to the market price of the apartment in this case, and the Defendant’s lease of the apartment in this case to the Nonparty and the rent of KRW 16,376,650, which is equivalent to KRW 1/2,00,000, which is the 15,776,650, which is the 15,76,650, which is the 15,766, and 650, which is the 15,776,650, which is the 1/2,000, which

2. The defendant's assertion

A. The defendant on March 2007.