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(영문) 인천지방법원 2018.09.04 2017가합59610
정산금등 청구의 소
Text

1. Defendant B’s KRW 121,748,90 for the Plaintiff and 5% per annum from October 26, 2017 to September 4, 2018.

Reasons

1. Basic facts

A. The relationship between the parties, etc. 1) Defendant C borrowed money from the Plaintiff from around 2008 to raise funds from the Plaintiff, such as lending money to the Plaintiff, using it as its business funds, or raising funds from Defendant B’s business funds for constructing and selling newly-built multi-household houses, a de facto marital spouse. 2) Defendant B carried out a business of newly constructing and selling multi-household houses on the land of Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and raised funds necessary for the above business from the Plaintiff.

3) Meanwhile, Defendant C mainly used the account under the name of ASEAN while engaging in financial transactions with the Plaintiff, and Defendant C also used the account in the said transaction. (b) Defendant B’s land related to the construction of the building and the sale of the building in question, etc. (hereinafter “the first sale of the building in question”) in order to conduct the business of constructing and selling the studio building (hereinafter “the first sale of the building in question”), Defendant B purchased from G on May 7, 2010 the Hri-gun, Chungcheongnam-gun (hereinafter “H”) of 1 to 853 square meters (hereinafter “I land before division”). On June 4, 2010, Defendant C completed the registration of ownership transfer in the name of the Plaintiff, a fraudulent party, for the purpose of securing the business funds lent by the Plaintiff.

In addition, as seen in paragraphs (3) and (4) above, the transfer registration under J’s name was completed on the ground of the exchange as of November 18, 2010 with respect to the size of 179 square meters before the divided M on November 10, 2010, as for the land purchased by Defendant B from K prior to the division.

(A) On November 10, 2010, the 661 square meters and 18 square meters of NA, each of which was divided from the I’s land prior to the subdivision on November 10, 2010. On November 30, 2010, the 1studio building (hereinafter “instant studio”) remaining after the subdivision on November 30, 201 and the 179 square meters of MO.

) A new construction was made. On September 27, 201, 190 square meters for the first 661 square meters on September 27, 2011, Mlux 179 square meters (in September 26, 2011, the land category was changed from the previous one, and Mlux 840 square meters for the land that was combined, and 19 square meters for Plux 19 square meters on the land that was re-merged as above.

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