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(영문) 의정부지방법원 2014.10.30 2013가합12966
토지비용반환
Text

1. The Plaintiff (Counterclaim Defendant) entered into an agreement with the Defendant (Counterclaim Plaintiff) on February 21, 2013 with respect to the size of 688 square meters in Gangnam-gu Seoul Metropolitan Government C Dae-gu.

Reasons

Basic Facts

A principal lawsuit and a counterclaim shall be deemed to be combined.

The plaintiff and the defendant are relatives.

The Plaintiff and the Defendant purchased from D on February 18, 2008 the purchase price of KRW 280 million in the purchase price of KRW 280,000,000 from Gangnam-gu, Seoul (hereinafter “instant land before the instant subdivision”) and completed the registration of ownership transfer in the Plaintiff’s name as the receipt office of the Seoul Northern District Court No. 13342 on February 21, 2008.

On February 20, 2008, the Defendant prepared and issued a certificate of title trust (hereinafter referred to as the “certificate of title trust”) stating that “the Defendant borrowed KRW 200 million from the Plaintiff and paid it by June 30, 2008.” On the same day, the Plaintiff prepared and issued to the Defendant a certificate of title trust (hereinafter referred to as the “certificate of title trust”) stating that “the Plaintiff is keeping the land before the instant division under title trust with the Defendant.”

Afterward, from October 14, 2008 to March 30, 2010, the Plaintiff issued the Defendant the total temporary amount of KRW 20 million on October 14, 2008, as shown in the following table, at KRW 20 million on November 17, 2009, KRW 20 million on November 24, 2008, and KRW 10 million on December 18, 2009, KRW 20 million on December 15, 2008, KRW 10 million on December 15, 2008, KRW 20 million on September 14, 2009; KRW 3 million on September 14, 2009; KRW 3 million on September 14, 2009; and KRW 1 million on September 1, 2000, KRW 3 million on September 14, 2012.

On October 2008, the Plaintiff purchased the instant land in KRW 280,000,000,000,000,0000,000,000,000,000 from the Defendant, and submitted to the competent authority a statement of the report on real estate transactions, stating that “The instant land was borrowed and paid from the Defendant.

On the other hand, the plaintiff and the defendant, on January 12, 2009, owned by a notary public as Law Firm Multiurur, No. 113, 2009, the plaintiff, among the land before the division of this case, the 688m2 in the above certificate of the drawings is owned by the defendant, so no objection shall be raised for the defendant to use (lease and residence). By February 21, 2013, the name of the defendant is under the name of the defendant.

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