logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.04.02 2014나51840
대여금
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) B and the Defendant (Counterclaim Plaintiff) are dismissed.

2. The plaintiff (Counterclaim defendant) B.

Reasons

1. Basic facts

A. On June 2005, Plaintiff B agreed to jointly purchase an apartment and dispose of it and distribute the marginal profits by selling it (hereinafter “instant investment agreement”).

B. On June 2, 2005, the Plaintiff B and the Defendant purchased from D each land of Seongbuk-gu Seoul and G and its ground (hereinafter “H real estate”) located within the business territory of the redevelopment association from D around June 2, 2005 pursuant to the instant investment agreement in the form of KRW 249 million and completed the registration of ownership transfer in the name of the said Plaintiff and the Defendant, respectively.

C. On July 15, 2005, the Plaintiff B and the Defendant paid the amount of KRW 249 million for H real estate purchase, KRW 100 million for relocation expenses, KRW 40 million for interest-free and moving expenses, and KRW 77,825,00 as the money loaned as security by Seongbuk-gu Seoul International Apartment 202 Dong 1004 (hereinafter “I apartment”) (hereinafter “I apartment loan”) owned by the Defendant, respectively. The remaining KRW 31,175,00 was borne by the said Plaintiff.

In addition, the above plaintiff paid KRW 6,639,040 in total for various costs, such as acquisition tax, registration tax, brokerage fee, registration fee, etc. in the course of purchasing H real estate.

Plaintiff

B and the Defendant purchased a premium from J on September 22, 2006 to KRW 43,300,000 (the actual amount paid is KRW 43,330,000,000,000,000,000 won (the remainder is the acquisition of the obligation to pay the sale price) in Seongbuk-gu Seoul apartment 101, 1303 (hereinafter “K apartment”), and completed the registration of ownership transfer in the name of the Defendant.

E. The Plaintiff B and the Defendant purchased the Seongbuk-gu Seoul Metropolitan L Apartment 102 Dong 702 (hereinafter “L apartment”) from the above redevelopment association as a member’s share as the redevelopment project for H real estate unit. Of the sale price for K apartment, the sale price for K apartment was KRW 48 billion for M on March 28, 2007 for the intermediate payment and the remainder payment.

arrow