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(영문) 서울북부지방법원 2018.07.26 2016가합23605
정산금청구의소
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 63,09,723, respectively, to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from September 2, 2016 to July 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed as the same.

Basic Facts

The Defendant, around November 2009, sold to the Plaintiffs the purchase price of KRW 1,677 square meters of F forest land, G forest land of KRW 1,613 square meters, H land of KRW 1,690 square meters (hereinafter “instant land”), I large 1,487 square meters of land (hereinafter “instant land 2”), J forest of KRW 94 square meters of land (hereinafter “each of the instant land”), J forest of KRW 94 square meters (hereinafter “each of the instant land”), which was owned in the name of the Defendant or the Defendant, under the name of the Defendant or the Defendant, (hereinafter “each of the instant land”), at KRW 1.5 billion of land.

(hereinafter “instant sales contract.” The Plaintiffs and the Defendant concluded the instant sales contract and determined to pay the remainder of the sales price after the completion of the construction of the said accommodation, with respect to the method and timing of the payment of the sales price, the Plaintiffs received a loan from each of the instant land as security, and paid a part of the sales price to the Defendant with the loan, and constructed accommodation facilities on each of the instant land with the remainder of the loan.

On November 2, 2009, the Plaintiffs obtained a loan of KRW 1.1 billion (hereinafter “the first loan”). On March 17, 2010, the Plaintiffs obtained a loan of KRW 1.1.5 million from a L Cooperatives (hereinafter “the second loan”). On October 7, 2010, the Plaintiffs obtained a loan of KRW 1.5 billion from the M Bank (hereinafter “the third loan”), and obtained a loan of KRW 1.5 billion from the L Cooperatives (hereinafter “the fourth loan”). On January 31, 201, the Plaintiffs obtained a loan of KRW 2.295 million from the L Cooperatives (hereinafter “the fourth loan”).

On March 22, 2010, the Plaintiffs completed the registration of ownership transfer on each of the instant land by one-third of each of the Plaintiffs.

On the ground of the instant No. 1 and No. 2, the Plaintiffs newly built two accommodation facilities (hereinafter referred to as “each of the instant buildings”) on the ground, and completed registration of preservation of ownership of each of the instant buildings on January 31, 201 by one third of the Plaintiffs’ respective shares in each of the instant buildings, and operated accommodation business, etc. in each of the instant buildings.

The Plaintiffs and the Defendant on November 3, 2011.

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