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(영문) 대구지방법원경주지원 2020.01.08 2018가단1974
대여금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 95,00,000 to the Plaintiff (Counterclaim Defendant) and its payment from December 19, 2019 to January 8, 2020.

Reasons

A principal lawsuit and counterclaim shall also be deemed to have been filed.

1. Facts of recognition;

A. On January 23, 2017, when the Plaintiff’s husband and Nonparty D newly built a two-story house (which was newly built on or around January 2016, which was completed the extension on or around February 2017; hereinafter “instant house”, and each of the said real estates collectively referred to as “each of the instant real estates”) had completed the registration of ownership transfer and registration of ownership preservation in the name of Nonparty E (the birth of each of the instant real estates), the ownership was completed. However, on January 23, 2017, the Plaintiff agreed to sell each of the instant real estates to the Defendant in the future and received KRW 30 million from the Defendant.

(No. 6) b.

On February 16, 2017, the Plaintiff sold each of the instant real estate to the Defendant on behalf of the Plaintiff for KRW 270 million (hereinafter “instant sales contract”). The Plaintiff and the Defendant, at the time of the Plaintiff’s agent, sold the instant real estate to D in charge of the construction of the instant housing, the right to KRW 95 million for the payment of the construction price of the instant housing, was reverted to D in charge of the construction of the instant housing.

However, upon the Plaintiff’s request to notify E, the owner of each real estate of the purchase price of KRW 240 million, the Plaintiff and the Defendant: (a) upon the Plaintiff’s request, stated that the said purchase price is KRW 240 million (the contract amount of KRW 40 million shall be paid up to three months after the contract was entered into; and (b) the payment of KRW 35 million shall be paid up to three months after the contract was entered into; and (c) the payment of KRW 70 million shall be deducted from the purchase price; and (d) the balance of KRW 95 million shall be deducted from the purchase price; and (e) the certificate of KRW 1 (real estate sales contract) that the payment of KRW 95 million shall be made to D, but subparagraph 7 (the copy of the payment order) written by E shall be deemed as a right of KRW 95 million.

C. The Defendant, on February 17, 2017, completed the registration of ownership transfer based on sale and purchase as of February 16, 2017, and paid part of the purchase price.

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