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(영문) 서울남부지방법원 2017.07.07 2016가단213064
정산금 반환 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 17, 2010, the Plaintiff married with the Defendant, but was married on August 27, 2013.

B. Around 201, Nonparty C intended to newly construct and sell multi-household housing on the land of 129 square meters in Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, and 573 square meters in size (hereinafter “each of the instant land”). The F, operated by the Plaintiff, intended to participate in the construction project of the said sales project.

C. Around May 201, the Defendant lent a total of KRW 100,000,000 to the Plaintiff as a business fund.

The Plaintiff transferred KRW 580,510,000 to Nonparty C in total, including KRW 100,000,000 and KRW 480,510,000 from May 201 to July 2012.

E. On June 27, 2011, the registration of ownership transfer was completed in the name of the Defendant, C, G, and H with respect to each of the instant parcels of land.

F. On the ground of each of the instant lands, two units of reinforced concrete structure, concrete branch roof, multi-unit housing, and second class neighborhood living facilities (hereinafter each of the instant multi-unit housing) were completed, and each of the above co-owners’ respective registrations of preservation of ownership was completed on June 29, 2012.

G. Meanwhile, from the end of 2012 to June 28, 2013, the Plaintiff repaid KRW 125,000 to the Defendant.

H. On June 5, 2015, among the instant multi-family housing, the Defendant received dividends of KRW 75,00,000,00 as to the co-owned property with respect to the co-owned property under Nos. 102, 101, 102, 102, 102, 103, 102, and 104, which were unsold in lots, among the instant multi-family housing.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 6-4, Eul evidence 2, the purport of whole pleadings

2. The assertion and judgment

A. The registration of ownership transfer in the name of the defendant is completed with respect to one fourth share of each land of this case for the purpose of securing loans to Nonparty C by the plaintiff's assertion as to the settlement agreement of the plaintiff.

at the time;

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