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(영문) 서울중앙지방법원 2019.07.04 2017가합522827
비용반환청구등
Text

1. The Defendant shall pay to Plaintiff C the amount of KRW 380,877,332 and KRW 6,077,332 from January 20, 2017 to the date of full payment.

Reasons

1. Basic facts

A. Plaintiff C is the mother of Plaintiff B and E, and Plaintiff A is the spouse of Plaintiff B and Plaintiff D’s spouse.

And G is the case of the plaintiff C, and the defendant is the spouse of G.

B. The Plaintiffs, the Defendants, G, and H (hereinafter “instant building owners”), and persons other than the Defendant, were to purchase an Icheon-si I to 338 square meters (hereinafter “instant land”) and the building on the ground thereof and to construct a multi-household house (hereinafter “instant building”) with a total of five households on the site of the building and to construct a new apartment house (hereinafter “instant building”), and to divide Plaintiff C1, Plaintiff B, Plaintiff A, Plaintiff D, Plaintiff D, Defendant, Defendant, and one household, respectively, and to bear the necessary expenses.

C. On June 13, 2015, the instant building owner purchased the instant land and buildings thereon in KRW 1194 billion from J, and on August 21, 2015, Plaintiff C and H completed the registration of ownership transfer for each of 1/10 shares with respect to each of 2/10 shares among the instant land, Plaintiff C and H completed the registration of ownership transfer for each of 1/10 shares.

Plaintiff

C around that time, with a loan of KRW 1.874 million from K Co., Ltd. (hereinafter “K”) to cover the purchase price of the instant land and the costs for the construction of the instant building (hereinafter “new construction”), KRW 1.74 million out of the loan of KRW 1.74 million from K Co., Ltd. (hereinafter “K”), shall be paid to J as an intermediate payment and remainder of the purchase price, and the remainder KRW 890 million was remitted directly from the Plaintiff’s account from the Plaintiff’s account, and the remainder of KRW 10 million was remitted to the Defendant’s account, and the Defendant kept in custody, as examined in [Attachment] 33, and the payment was made in the way that the Defendant pays for L as a completion advance.

The Company paid L Co., Ltd. (hereinafter “L”) as the contractor of the instant new construction project.

E. The defendant thereafter raises an objection.

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