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(영문) 서울중앙지방법원 2019.06.13 2017가합508067
보증금반환
Text

1. The defendant shall be the plaintiff.

(a) KRW 25,500,000 as well as 5% per annum from April 21, 2018 to June 13, 2019; and

Reasons

1. Basic facts

A. On January 20, 1998, the Defendant calculated the partial shares of each of the above lands (hereinafter “instant shares in the purchase land”) at KRW 500,000 per square meter from the owner of a parcel of water not less than 847 square meters in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Incheon to purchase KRW 200,000 per square meter.

At this time, the plaintiff and the defendant agreed to purchase the share of the land of this case at each of the above payment amounting to KRW 150,000,000 (per 500,000 per square day), and the defendant's 50,000,000 per square day (per 500,000 per square day), and the name of ownership is the defendant's name.

Accordingly, on January 26, 1998, the registration of ownership transfer was completed in the name of the defendant with respect to the land shares purchased in this case.

B. The share of the pertinent purchased land was divided into common property on January 3, 2001, and the Defendant completed the registration of ownership transfer under the Defendant’s sole name as to the parcel of land outside 302 square meters in Seoan-gu, Seoan-gu, Seoan-gu, Seoul (hereinafter “the entire parcel of land”). As a result of the division of the above jointly owned property, the entire list as of May 11, 201 is as follows.

C. After that, the Plaintiff sold 100 square meters and 40 square meters among the entire land of this case to the Defendant, and on March 30, 2010, sold 21 square meters among the entire land of this case at KRW 15,000,000.

On July 25, 2010, the Plaintiff and the Defendant drafted a written agreement to confirm that ownership of 139 square meters of the entire land of this case was owned by the Plaintiff, and that ownership of 261 square meters was owned by the Defendant.

The Plaintiff and the Defendant agreed that the Plaintiff shall own two buildings on the ground of the entire land of this case, and the land and its ground buildings in Seo-gu, Seoan-gu, Seoan-gu, Seocheon-gu, Seocheon-gu, and D and its ground buildings, respectively.

Accordingly, the Defendant entered into a contract with E Co., Ltd. on October 14, 2013 for the new construction of each of the above buildings, and the Defendant spent construction expenses, and is the same as the building listed in paragraph (1) of the attached Table 1 of the Building on Land outside C and one parcel on July 8, 2014 at the end of the new construction works.

hereinafter “instant building”.

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