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(영문) 서울고등법원 2020.07.15 2019나2022614
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

Basic Facts

The following: D, J, K, and L (hereinafter referred to as “D, etc.”) following the conclusion of the lease agreement with the Plaintiff is the owner of multi-household housing (hereinafter referred to as “multi-household housing in this case”) comprised of 380 square meters in Yongsan-gu Seoul Metropolitan Government M& 380 square meters in size, N 136 square meters in size, O large 96 square meters in size (hereinafter referred to as “each land in this case”).

The plaintiff from April 25, 2008 to the same year

8. From March 30, 2012 to April 18, 2018, D paid a total of KRW 150 million as investments in the instant business for newly-built multi-household housing.

5. up to 29.29. A total of KRW 140 million was lent to D.

On February 5, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with D to provide the Plaintiff with the return of KRW 290 million (i.e., KRW 150 million (i., KRW 140 million) with the principal of the investment or loan (i.e., KRW 150 million) and KRW 290 million with the deposit deposit amount of KRW 290 million with the second floor E-dong unit E-dong unit E-dong unit F, and the lease period from February 10, 2013 to February 9, 2015 (hereinafter “instant lease agreement”).

The plaintiff shall file a move-in report on February 7, 2013 and the same year.

3. 8. A certified fixed date is received, but did not reside in the above multi-household.

The Defendant purchased each of the instant land and multi-household housing in total of 4.8 billion won from D, etc. on September 29, 2014.

(hereinafter “instant sales contract”). The main contents of the instant sales contract are as follows.

2. As to the sale of the above real estate, Article 1 (Purpose) of the Terms and Conditions of the Contract, the seller and the buyer, by agreement, shall pay the sales amount as follows:

16 households, including 1,490,000,000 won (referring to the "G Cooperatives" hereinafter) in succession to KRW 2,110,00,000 (referring to the "P Cooperatives" hereinafter) in total of KRW 1,490,000,00 in total for succeeded rental deposit, under the special agreement to succeed to KRW 1,490,000,000 in total for succeeded rental deposit.

1. The bank principal of the instant real estate as well as KRW 2.10 billion, and KRW 1.2 billion, I.D. 3.3 billion, respectively.

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