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(영문) 서울고등법원 2016.12.16 2015나2072154
투자금반환 등 청구의 소
Text

1. The plaintiff's appeal is dismissed.

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

3.In the case of the party, the person who takes over the actions in the deceased B.

Reasons

1. Basic facts

A. On March 18, 2004, with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”), the seller G, the buyer, and the Defendant F, with respect to each of the instant buildings listed in paragraph (2), and the seller’s purchase price shall be KRW 1.2 billion, but the seller shall have the obligation to return the instant real estate as security, and the seller shall take over the buyer’s obligation to return the lease deposit amount of KRW 86 million in total against the lessee of the instant building, and the obligation to return the lease deposit amount of KRW 86 million in total against the lessee of the instant building, and the sales contract was formulated to deduct the same from the purchase price.

On May 17, 2004, the registration of transfer of ownership was completed on April 10, 2004 in the name of Defendant F.

B. On May 11, 2004, regarding the building of this case, a lease agreement was made between Defendant F, lessee, and Plaintiff F, lessee with KRW 300 million, KRW 7 million per month, and KRW 5 million from May 31, 2004, with the lease period as to the building of this case.

C. The Plaintiff transferred the total amount of KRW 20 million on May 10, 2004, KRW 70 million on May 11, 2004, KRW 30 million on May 31, 2004, and KRW 300 million on May 31, 2004 to Defendant F’s account.

In addition, the Plaintiff transferred KRW 5 million to Defendant F’s account every month from that time.

On May 31, 2009, 5.5 million won per month, and on May 31, 2009, the lease agreement with the same content as the lease agreement of May 11, 2004 was made except when the lease term was from May 31, 2009 to five years.

E. On March 17, 2014, Defendant F notified the Plaintiff that the lease agreement on the instant building was terminated on May 31, 2014, and that it was no longer renewed, and that notification reached the Plaintiff around that time.

F. The deceased was the father of Defendant F, and died on July 14, 2015, during which the instant lawsuit was pending.

(hereinafter “the deceased”). The Defendant C is the deceased’s spouse, and all the inheritors of the deceased except the Defendant C shall be the Seoul Family Court that reported the renunciation of inheritance on October 13, 2015.

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