(영문) 전주지방법원 2017.05.01 2015가단30963

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(영문) 전주지방법원 2017.05.01 2015가단30963

부당이득금

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1.(a)

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) with respect to the share of 1/2 of the real estate listed in the attached Form 2.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The deceased A (hereinafter “the deceased”) and the Defendant agreed to operate a real estate rental business, and invested a total of KRW 50 million in total, each of 25 million.

Accordingly, on November 27, 2009, the Deceased and the Defendant purchased the real estate listed in the separate sheet No. 1 (hereinafter “instant No. 1004”) from D with the purchase price of KRW 1.5 million. Of the purchase price, KRW 85 million was decided to take over the obligation to refund KRW 85 million under the previous lease contract entered into between E, and paid KRW 20 million out of the remainder of the said investment, and completed the registration of ownership transfer as to shares of KRW 1/2 on December 21, 2009.

In addition, on December 23, 2009, the deceased and the defendant purchased the real estate listed in the separate sheet No. 1106 (hereinafter “instant apartment”) from F on December 23, 2009, with the purchase price of KRW 1.6 million as stated in the separate sheet No. 1004 (hereinafter “instant apartment”). Of the purchase price, the deceased and the defendant decided to take over the lease deposit of KRW 85 million under the lease agreement entered into between G, with the lease deposit of KRW 85 million, and paid the remainder of KRW 21 million from the investment, and completed the registration of ownership transfer as to shares of KRW 1/2 on the same day.

B. On August 8, 2011, the Deceased and the Defendant terminated the lease contract concluded with E with respect to the instant apartment No. 1004. As to the foregoing apartment, the Plaintiff and the Defendant established the right to collateral security (the maximum debt amount of KRW 98,400,000,000, which was loaned on August 9, 201 and the balance in the Defendant’s account (only referred to as the “Defendant’s account”) and returned the deposit amount of KRW 85,00,000,000,000,000,000 won.

C. On the same day, the deceased and the defendant agreed to liquidate the partnership with the method that the deceased own their own possession on the same day.

However, even after the liquidation of the partnership, the deceased and the defendant did not complete the registration of transfer of shares.

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