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(영문) 서울서부지방법원 2018.09.13 2017가단230607
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 102,109,000 to the Plaintiff (Counterclaim Defendant) and its related amount from November 30, 2016 to September 13, 2018.

Reasons

1. Determination on the main claim

A. Facts of recognition 1) The husband C of the Plaintiff who represented the Plaintiff on behalf of the Plaintiff on October 27, 2016, shall be the real estate indicated in the attached list owned by the Plaintiff (hereinafter “Songbuk-gu Housing”) between D and D on October 27, 2016.

) and in fact, the entire land E and F in the Gyeonggi-si, Gyeonggi-si, the Defendant-owned (hereinafter referred to as “Griland”);

However, Gri land is not owned by the defendant, but owned by H, because it is a land for which the ownership transfer registration has been completed under the name of Nonparty H on June 2012.

(i) an exchange contract to exchange (hereinafter referred to as the “instant contract”)

A) The original Defendant entered into a contract. The original Defendant agreed that the value of Seongbuk-gu house shall be KRW 500,000,000, and the value of Gri land shall be KRW 220,000,000,000, and the actual exchange difference, which is to be paid to the Plaintiff, shall be KRW 40,000,000,000,000 for the real estate value agreed upon by the original and the Defendant - KRW 11,50,000,000 - KRW 35,000,000,000 for the exchange difference of KRW 4,50,000,000,000 for the Defendant’s KRW 1,60,000,000,000 for KRW 1,50,000,000,000 for each of the following items, shall be paid to the Plaintiff on the date of exchange of the loan obligations on Seongbuk-gu Housing, and the remaining amount shall be KRW 1,5,0000,0,0,0,0,0.

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