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(영문) 서울중앙지방법원 2017.11.07 2017나33703
서면작성보수료반환
Text

1. The part of the judgment of the court of first instance against the principal lawsuit shall be revoked;

The plaintiff (Counterclaim defendant)'s claim on the principal lawsuit is dismissed.

2...

Reasons

1. On February 18, 2016, the Plaintiff filed an application for mediation against wife C for the following: (a) selling and buying apartment houses owned by two parties (hereinafter “instant apartment houses”) at the Seoul Central District Court 2016s money4989; and (b) subtracting the Plaintiff’s share of KRW 700 million for deposit money and KRW 150 million for the Plaintiff’s study from the purchase price; and (c) deducting the Plaintiff’s share of KRW 150 million for the shortage of study funds; (d) transfer taxes; and (e) brokerage fees.”

In the application for mediation and the reference document submitted in the above conciliation procedure, the Plaintiff divided the remaining KRW 300 million after deducting KRW 400 million from the existing deposit for the lease on a deposit basis of the apartment in this case. The Plaintiff used most of the above KRW 150 million for the study fund of the Plaintiff. As the Plaintiff purchased and sold the apartment in this case, only one-half of the remaining money after deducting the deposit for lease on a deposit basis, the Plaintiff’s share of KRW 150 million from the purchase price, the shortage of study expenses, the transfer tax, and the brokerage fee, etc. The market price does not meet the issue of money of KRW 150 million from the sale price, and thus, the Plaintiff argued that there is no one-half of the remaining money that would actually return to C.

After the above case was conducted in the litigation procedure (Seoul Central District Court 2016Kadan5082528) and the above court on May 9, 2016, the plaintiff kept in custody of the plaintiff on May 1, 2016 that "the plaintiff specified and arranged the purport of the claim to be sought by the defendant through the lawsuit of this case, and submitted evidentiary documents by arranging the grounds for the purport of the claim."

2. C fulfills its commitments with the Plaintiff.

The legal brief was prepared and submitted to the court.

On June 22, 2016, the Plaintiff is required to correct the purport of the claim from the presiding judge on the one-time date for pleading of the instant case.

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