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(영문) 광주고등법원(전주) 2016.09.29 2016나344
손해배상(기)
Text

1. The plaintiff's appeal and the claim added in the trial are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Basic facts

A. On August 25, 2011, the Defendant concluded a contract with the owner to purchase KRW 642,00,000,000 in total, calculated the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. Around October 201, the Defendant calculated the instant real estate amounting to KRW 2,80,000 per square year, and decided to purchase KRW 750,000,000 in total. The Defendant borrowed KRW 500,000 from the Jeonbuk Bank Co., Ltd. (hereinafter “ Jeonbuk Bank”) and offered that the Plaintiff jointly purchase KRW 14,00,000 out of the remainder of 288,00,000, including the registration tax necessary to purchase the instant real estate, at each of the remaining expenses, including the registration tax, etc.

C. The Plaintiff and the Defendant completed the registration of ownership transfer on November 1, 201 with respect to each of one-half shares of the instant real estate.

On November 1, 2011, the Plaintiff and the Defendant set up a mortgage-mortgage with the debtor and the maximum debt amount of KRW 650,000,000 on the instant real estate as the collateral for the instant loan, with the agreement on KRW 500,00,000,00, under the pretext of the loan of time general funds (hereinafter “instant loan”). On November 1, 201, the Plaintiff and the Defendant set up a mortgage-mortgage with respect to the instant real estate as the collateral for the instant loan, with respect to the Plaintiff and the maximum debt amount of KRW 650,00,00,000.

E. On August 30, 2012, the Plaintiff and the Defendant drafted a written confirmation (Evidence A No. 17; hereinafter “instant written confirmation”).

In newly constructing the telecom on the ground of the instant real estate, the construction cost shall be set at KRW 4,500,00 per square year (excluding surtax), and the profits except construction cost, site purchase cost, transfer income tax, etc. shall be set at KRW 60% by the Plaintiff, and the construction cost shall be set at KRW 40% by the Defendant, including all taxes and public charges, financial cost, etc., and the construction cost shall also be set at

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