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(영문) 서울중앙지방법원 2016.10.28 2015가합569419
정산금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The relevant parties, the Defendant, and the Nonparty C have jointly run the rental and investment projects for real estate, including the first floor of the Gangnam-gu Seoul Metropolitan Government DD Building from 2004.

B. During the Defendant’s Ansan-si period, Nonparty F is a commercial building No. 101 of the building E (hereinafter “instant commercial building”) of the building E during the Ansan-si period from E Co., Ltd. on June 11, 2002 to E-1 of the building E (hereinafter “instant 101 commercial building”).

(2) On April 12, 2003, the Defendant acquired the status of the buyer from the above F on April 22, 2003. On May 24, 2004, the Defendant completed the registration of ownership transfer with respect to the instant commercial building No. 101 under its own name. 2) On May 15, 2007, the Defendant borrowed the commercial building No. 101 from the non-party king Agricultural Cooperative (hereinafter “Seoul Agricultural Cooperative”) as security, KRW 1 billion. In relation to the commercial building No. 101, the registration of ownership transfer was completed on May 9, 2007.

3) Meanwhile, from September 2008 to August 2016, the interest rate of KRW 502,759,581 from around September 201 to around August 2016 is the sum of No. 27 No. 52 to 350 out of No. 1 of the evidence No. 27. C. During the period of Ansan-si, the Defendant purchased a commercial building No. 102 of the building No. 102 of the building E (hereinafter “instant commercial building”) of the building No. 102 of the Gu E during Gyeyang-si period from Nonparty G on April 25, 2007, and on May 21, 2007, the registration of ownership transfer was completed in its name with respect to the above commercial building.

2) On May 21, 2007, the Defendant borrowed KRW 800 million from king Agricultural Cooperative as collateral for the instant commercial building No. 102, and on May 21, 2007, the establishment registration of a neighboring commercial building No. 1,04,00,000 won with respect to the instant commercial building No. 102 was completed on May 21, 2007, and from September 2008 to June 17, 2015 with respect to the loans of KRW 800,000 to Nonparty H from September 4, 2013 to June 17, 2015 (the foregoing commercial building No. 101,102 (hereinafter collectively referred to as “the foregoing commercial building”).

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