beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasoning of the judgment of the court of first instance as to this case is as stated in the reasoning of the judgment of the court of first instance, except for dismissal or addition as follows. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
In the second part of the judgment of the first instance, the phrase “by October 31, 2019” in the second part of the judgment of the first instance shall be deemed to read “by October 31, 2009” (see evidence 2-1 of the evidence 2).
The following shall be added between conduct 16 of the judgment of the first instance and conduct 17 of the same page:
In addition, the Defendant asserts to the effect that “The Plaintiff finally acquires 66m2 out of 1/3 of the instant land interest as the Plaintiff’s profit.” As such, the Defendant decided to substitute for the payment of the Plaintiff’s interest or profit after October 14, 2009 to the said loan 140,000,000 won. Therefore, the agreement for the period after October 14, 2009, among the Plaintiff’s claim, cannot be accepted.” However, according to the purport of the above facts and arguments, the Plaintiff and the Defendant, through the above written statement of performance, lent KRW 140,00,00 to the Defendant with the purchase fund of the instant land, ② the Plaintiff acquired the remainder of 1/3 of the instant land interest, ③ the Defendant disposed of the loan 2/3, and returned the loan to the Plaintiff as the price for the loan, ④ the Plaintiff acquired the loan interest rate of KRW 140,00,000 from the above Defendant’s bank in return the remainder of the loan interest rate of KRW 1363.
Therefore, the Plaintiff’s acquisition of a 66m2 out of the 1/3 share of the instant land and the receipt of the interest of the instant agreement from the Defendant is in a fluent relationship. Therefore, the Plaintiff’s acquisition of the said 66m2 from the Defendant, thereby making it impossible to receive the interest of the instant agreement from the Defendant.