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(영문) 수원지방법원 2020.11.10 2018가단561219
손해배상(기)
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Defendants and D and E invested 1/4 of the total sum of all expenses, including purchase price, acquisition tax, loan interest, etc. with respect to the instant real estate in Osan-si F 503 square meters (hereinafter “the instant real estate”). The instant real estate was loaned from G organizations (which was established by dividing the bank business portion, and was established by H companies; hereinafter “G organizations”), and purchased the said real estate by taking out loans from G organizations as security, and the ownership on the registry was made in Defendant B’s future, and where the said real estate is sold thereafter, one-fourth of the amount calculated by deducting all expenses, such as capital gains tax, from the sale price, was distributed (hereinafter “instant investment agreement”).

B. Defendant B received KRW 120,00,000,000 each as purchase price of the instant real estate from the Defendants, D, and E, and received a loan of KRW 118,00,000 from G organizations as security (hereinafter “instant loan”). On June 18, 2007, Defendant B purchased the instant real estate from I for KRW 258,40,000 from 258,40,00 with each of the above money as part of the purchase price. On July 12, 2007, at the same time, the registration of the transfer of ownership was completed in its name, and at the same time the registration of the establishment of a mortgage was completed at G organizations with the maximum debt amount of KRW 141,60,000,00.

(hereinafter the above right to collateral security is referred to as the "right to collateral security").

On November 21, 2008, Defendant B issued to the Plaintiff a certificate stating that “The instant real estate was jointly invested by the Plaintiff and Defendant B, and a quarter (area 125.75m2) of the size of the real estate owned by Defendant B shall belong to the Plaintiff from among the 503m2 of the size of the real estate owned by Defendant B. The next real estate shall also be apportioned in their own shares.”

In addition, on September 17, 2009, E means that on the plaintiff on September 17, 2009, "4 (the defendant, D, and E) among the four co-investment agreements on the instant real estate give up rights under the instant investment agreement, and submit a written waiver of rights to the plaintiff."

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