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(영문) 서울중앙지방법원 2015.06.11 2014가합20931
보증금반환
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant, from September 23, 201, became aware of the Plaintiff’s home located in Seoul as a household helper, and became aware of the Plaintiff. 2) The Plaintiff was under a divorce lawsuit with D at the time of the Plaintiff’s wife.

Upon completion of the divorce procedure with D on August 2013, 2013, the Plaintiff suggested that the Defendant would be satisfing with her mother.

The defendant accepted the plaintiff's proposal and tried to live together with the plaintiff.

B. On September 2, 2012, the Plaintiff and the Defendant provided the real estate purchase and payment of the purchase price of the real estate (i.e., payment of the purchase price of the real estate) the real estate indicated in the separate sheet at the F Licensed Real Estate Agent Office E in Sung-si, E (hereinafter “instant apartment”).

A) The Defendant’s purchase of the instant apartment from G in the amount of KRW 220 million between H and H on behalf of the owner of G (hereinafter “instant sales contract”).

(2) The apartment sales contract (No. 6) prepared at the time of the instant sales contract includes the following:

(1) A down payment of KRW 20 million shall be paid on the date of conclusion of the instant sales contract, and the remainder amount of KRW 200 million shall be paid on October 30, 2013.

Any balance date may be advanced.

② The buyer succeeds to the secured obligation of the right to collateral security established on the apartment of the instant apartment.

3) On September 2, 2013, H received down payment of KRW 20 million through a licensed real estate agent I on September 2, 2013, and prepared a receipt to the Defendant. 4) On September 30, 2013, the Plaintiff paid KRW 140 million, excluding the secured debt of the right to collateral security established on the instant apartment, out of the purchase and sale balance of the instant apartment.

5) The Defendant is a National Bank Co., Ltd. (hereinafter “National Bank”) around September 30, 2013.

(C) The Plaintiff and the Defendant met the secured debt of the right to collateral security, which was established on the instant apartment, with the instant apartment loan of KRW 60 million as collateral.

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