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(영문) 수원지방법원 2015.06.18 2014나43721
횡령금 반환
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons why the court should explain this part of the facts are as follows. This part of the reasoning of the judgment of the court of first instance is as stated in the corresponding part of the reasoning of the judgment of the court of first instance, and this part of the judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

D. (1) On behalf of the Plaintiff and D, the Defendant: (a) on November 5, 2009, sold 1653/9041 shares in the name of D out of the real estate listed in the separate sheet Nos. 1, 2, 3, 5, and 6 as stated in the separate sheet Nos. 4 of the same list on behalf of the Plaintiff and D in the purchase price of KRW 35 million (i.e., the purchase price of KRW 48 million as stated in the separate sheet Nos. 5 and 6 of the real estate price listed in the separate sheet No. 4 of the real estate price listed in the separate sheet No. 1 to 300 million (=the purchase price of KRW 48 million as stated in the separate sheet No. 5 and 6); and (b) on the other hand, the purchaser’s share of KRW 1,82.59/576.04 shares in the underground residential facilities of Jongno-gu Seoul Building No. 1, 464 square meters (hereinafter “instant share”).

(2) The agreement was made to pay the difference by way of settling the difference between the debt related to the share in the commercial building of this case and the debt related to the real estate subject to the sale in lieu of taking over or repaying the debt related to the share in the commercial building of this case (hereinafter “instant agreement”).

1) Before December 8, 2009, I paid KRW 138 million to the Defendant by December 8, 2009 as the settlement price under the instant contract. 【I” on December 9, 2009, the registration of ownership transfer with respect to each of the above purchased real estate, and the Defendant completed the registration of ownership transfer with respect to the instant shares on December 10, 209.

2. Judgment on the parties’ assertion

A. The plaintiff's assertion 1 as to the primary cause of claim was agreed between the plaintiff and the plaintiff to pay the plaintiff KRW 48 million, which is equivalent to the price of the real estate stated in the separate sheet Nos. 5 and 6, out of the contract price of this case. Accordingly, the contract of this case is above.

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