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(영문) 부산지방법원동부지원 2013.12.12 2011가합1827
건물인도등
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant’s KRW 753,168,885 as well as the Plaintiff’s on May 17, 2011.

Reasons

1. Facts of recognition;

A. On April 2005, the original Defendant purchased the land of this case in the name of the Plaintiff 3,349.6 square meters (hereinafter “the instant land”). The instant land was loaned money from the bank as collateral and paid the purchase price, and thereafter the registration of ownership transfer is made in the name of the Plaintiff. After five years, the Defendant agreed to transfer the portion equivalent to 3/10 of the instant land to the Defendant, the Defendant newly constructed 3/10 of the instant land in attached Form 1 (hereinafter “the instant building”) and shared expenses to operate each of the instant factories.

B. On April 26, 2005, the Plaintiff entered into a contract for the purchase price of the instant land with the Korea Land Corporation as KRW 739,940,000, and paid KRW 59,000,000,000, which was paid by the Defendant from around that time to April 21, 2007, including loans of KRW 59,940,000,000, which was paid by the Defendant. On May 31, 2007, the Plaintiff completed the registration of ownership of the instant land under its own name.

C. On May 31, 2007, the Plaintiff completed the registration of ownership preservation in its own name after completing the instant building. The Defendant used the two-story factories (office rooms, lodging rooms) of the 3 Dongs, 2 Dongs and 1 Dongs, and 26.26§³ among the instant buildings, and the remainder as each factory, etc.

On August 31, 2007, the Plaintiff borrowed KRW 8666 million from the Bank in order to use it for the construction cost of the instant building.

E. The original Defendant shared common expenses on his own account while operating his factory, and the Defendant paid some of the money to the Plaintiff as a loan and a contribution.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, Eul evidence 4-1, 2, and 3

2. Judgment as to the main claim

A. The purport of the Plaintiff’s assertion is to obtain a loan from the Defendant after purchasing the instant land under his/her own name.

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