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(영문) 서울중앙지방법원 2019.07.10 2018가합529603
정산금
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

(a) On June 5, 2004, the trade reservation signed between the Plaintiff and the Defendant as of June 5, 2004 under the name of the Defendant: Defendant B: The Plaintiff

1. In order for Gap and Eul to run a golf practice range in the future, the site of the existing golf practice range or the golf practice range shall be displayed on a yearly basis;

2. The business preparation work for a golf practice range, such as a golf practice range or its site physical color, shall be held responsible for A, and for B, the amount of KRW 500 million shall be deposited in A for the same business security;

On the 17th of the same month, the plaintiff paid KRW 300 million to the defendant.

(2) On August 9, 2004, the defendant paid KRW 130 million to the plaintiff on the same year, and the plaintiff paid the same year.

9. 17. The defendant additionally paid KRW 120 million to the defendant.

B. Acquisition of real estate in the name of the Defendant (1) through E, a land owner, the Defendant divided the F (Representative of the G Co., Ltd.) into 1,438С on September 24, 2004 and transferred it to O in Pakistan on February 2, 2007, as the area was 135С, and the land category was changed to miscellaneous land on February 2, 2007.

On February 2, 2007, the land category was changed to miscellaneous land before I,398 square meters;

J: (a) on January 10, 2007, K land was combined on January 10, 2007, and its area was 4923 square meters; and (b) on February 2, 2007, the land category was changed to miscellaneous land;

The sales contract with respect to the purchase price of KRW 2.25 million on the previous 2,142 square meters in K was concluded in the name of E, and the sales contract with respect to the land of KRW 137,00,000 on the land of KRW 137,00 for the land of KRW 137,00 for the land of KRW 5,00 on the land of this case (hereinafter referred to as “instant land”) between G and G corporation.

(2) On September 24, 2004, the Defendant paid the down payment of KRW 220 million. On or around January 5, 2005, the remainder of the sales amount with investments made by the obligor E, the maximum debt amount of KRW 560 million, and KRW 60 million: the obligor N, the maximum debt amount of KRW 840 million, and the Plaintiff, the Defendant, and N, etc.

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