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(영문) 춘천지방법원 2015.04.29 2014가단3231
구상금
Text

1. The Defendant’s KRW 17,56,505 as well as the Plaintiff’s KRW 5% per annum from May 13, 2014 to April 29, 2015, and the following.

Reasons

1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1, 3, 7, A’s evidence Nos. 2, 4, and 5-1, and 2’s whole purport of the pleadings. A.

On August 5, 2008, the Plaintiff entered into an agreement with the Defendant’s husband, “C provides a licensed real estate agent’s license, and the Plaintiff provides an office. The Plaintiff’s investment is mutually recognized as an individual investment, and mutually agrees to divide the remaining income after deducting operating expenses of the office monthly rent, etc. from the income generated from the operation of real estate, and jointly operate the real estate brokerage business with the name of “E real estate” in Chuncheon City.

B. The Plaintiff and C also agreed to purchase 3,306 square meters (hereinafter “instant real estate”) prior to G in Chuncheon in the F-owned name.

C. On March 8, 2010, the Plaintiff and C concluded a sales contract with F with regard to the instant real estate as KRW 100 million.

The Plaintiff paid F with the purchase price, KRW 10 million on March 8, 2010, and KRW 10 million on April 5, 2010, respectively, and the Plaintiff and C received a loan from a financial institution and paid the remainder of the purchase price.

E. F on April 6, 2010, the Plaintiff and C had completed the registration of ownership transfer in accordance with the respective 1/2 shares.

(On the other hand, the transaction value stated in the register was KRW 45 million. (F) On April 6, 2010, the Plaintiff and C concluded on April 6, 2010 with respect to the instant real estate, the mortgage-backed mortgage-backed credit cooperative, the maximum debt amount of KRW 1400,000,000,000,000,000,000 won, and the debtor C’s establishment registration of mortgage-backed mortgage (hereinafter “the first collateral mortgage”).

G. The Plaintiff and C obtained a loan of KRW 80 million with respect to the instant collateral security, and used it as the sales price. The Plaintiff and C shared the interest on the instant collateral security loan with respect to the instant collateral security interest.

H. Meanwhile, January 2011.

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