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1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.
2. The costs of lawsuit;
Reasons
1. Facts of recognition;
A. From January 2010, the Defendant: (a) from around January 201, the clan C operated by the Plaintiff’s husband to work as an employee of the “D” company; (b) retired from the office around October 2014.
B. On September 4, 2012, the Defendant completed the registration of ownership transfer on the ground of sale on August 9, 2012 with respect to the 101 Dong 2003 (hereinafter “instant apartment”).
(Transaction Amount of KRW 124,00,000,000, out of the purchase price and acquisition cost of the apartment of this case, was paid as the money loaned under the name of the defendant and offered the apartment of this case. The remaining KRW 92,00,000,000, which was prepared by the plaintiff and remitted to the defendant.
At that time, the defendant has occupied the apartment of this case and resided until now, and has paid taxes such as interest and property tax on the secured loan.
C. After that, on May 11, 2014 at C’s request, the Defendant again borrowed KRW 50,000,000 from the instant apartment as security and delivered it to C.
On October 29, 2014, immediately after the withdrawal of D, the Defendant drafted a written agreement with C as follows:
(A) Evidence No. 4, hereinafter referred to as the “instant agreement”), Gohap shall transfer E Apartment No. 101, 2003 to B with retirement pay.
B cooperates in all matters with respect to the overall work of D.
Two persons shall not absolute civil or criminal lawsuits.
O0 million won, including (loan)
E. The Plaintiff asserted that the Plaintiff was the actual owner of the instant apartment and demanded the Defendant to transfer his title to the Plaintiff without gathering the fact that the agreement was reached between the Defendant and C, but the Defendant rejected the Plaintiff’s demand on the grounds that the said apartment was his own ownership. On March 20, 2015, the Plaintiff filed a lawsuit against the Defendant for the payment of the loan by asserting that the amount of KRW 92 million that the Plaintiff assumed at the time of purchase of the apartment was the loan.
Daegu District Court 2015Kadan106469 case, and thereafter 89,150,000 won.