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(영문) 대전지방법원서산지원 2015.12.24 2014가합2000876
정산금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

A. The registration of ownership transfer is completed in Q’s name on January 22, 200.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 6, 7, 8 (including branch numbers, hereinafter the same) and the purport of the whole pleadings

2. The plaintiff's assertion

A. The Plaintiff invested KRW 676 million (67.2%) including KRW 300,000,000,000 (67.2%) and the Defendant purchased KRW 330,000,000 (32.8%) each of the instant lands in total, and paid to the original Defendant the remaining money after deducting various expenses from the proceeds of disposing of each of the instant lands. The details are as listed in the following table.

The amount of money that can be apportioned for the purchase price of land paid by the plaintiff C 160 million won paid by the defendant C 1.6 million won for the purchase price of land 137,434,040 won* 137,465,960 won for 137,465,960 won for 6.4 billion won for E-mail 6.4 billion won for 17,096,120 won * 586,903,80 won for 217,239,880 won for 217,80 won for 369,64,000 won for 3.65 billion won for the loan* 32 billion won for 24,890,867,109,1400 won for 191,1404,1400 won for * 406,500,000 won for acquisition tax including 705 billion won for E-14,50000,00000 won for *

B. If the above amount of 1,001,478,980 won is settled according to the investment ratio of the original defendant, the settlement amount to be paid to the plaintiff is 672,93,875 won (=1,001,478,980 won x 67.2%) and the settlement amount to be paid to the defendant is 328,485,105 won (=1,001,478,980 won x 32.8%). Since the defendant has already received 455,769,000 won and the defendant has already received 455,769,895 won (=45,769,000 won - 328,485,105 won). Thus, the defendant must return the difference to the plaintiff.

(c) Ei, F.

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