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(영문) 서울서부지방법원 2018.06.22 2017가단7098
잔금
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 defendant is the plaintiff's wife C.

B. The Plaintiff borrowed KRW 10 million from the Defendant on May 18, 2012, and KRW 30 million on June 25, 2012.

(hereinafter referred to as “the loan of this case”).

On March 18, 2013, the Plaintiff sold each real estate indicated in the indication of the attached real estate (hereinafter “instant housing”) to the Defendant for KRW 450,000,000.

(hereinafter referred to as the "sale of this case").

In order to pay the purchase price of this case in the sales contract of this case, the Defendant acquired KRW 150,000,000,000 in total, and KRW 70,000,00,00 for the real estate refund obligations for the second floor among the instant housing and the real estate refund obligations for the branch floor among the instant housing.

E. The Plaintiff and the Defendant concluded a lease agreement with the Plaintiff on the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the Plaintiff, and agreed to substitute the payment of the purchase price of the instant loan of the Plaintiff

F. On March 18, 2013, the Defendant subrogated for the Plaintiff’s debt of KRW 34 million (= KRW 12,192,464, KRW 21,807,536) for the payment of the instant purchase price.

G. On March 19, 2013, the Defendant subrogated for KRW 101,527,700 to the Plaintiff’s collateral security debt against the mortgagee E, which was established on the instant housing, for the payment of the purchase price.

H. On March 19, 2013, the Defendant subrogated for KRW 24,472,300 for the payment of the purchase price of the instant case.

(i) The Plaintiff received KRW 52,80,000,000 from the Defendant as the instant purchase price, KRW 8 million on September 16, 2013, KRW 26,000 on October 26, 2013, and KRW 30,80,000 on October 28, 2013, and KRW 13 million on October 28, 2013.

[Reasons for Recognition] The fact that the plaintiff is the plaintiff, the absence of dispute, and the purport of the whole pleadings

2. The plaintiff's ground for claim

A. The gist of the assertion is to receive KRW 73,200,000, out of KRW 450,000,000 from the Defendant.

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