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(영문) 서울고등법원 2015.05.26 2013나79025
대여금반환
Text

1. The text of the judgment of the first instance, including the Plaintiff’s claim added at the trial room, shall be modified as follows:

Reasons

1. Basic facts

A. From around 196, the Plaintiff had been engaged in real estate transactions through the Defendant, who had worked as the head of Seongdong-gu Seoul Metropolitan Government C from around 1996, and around 200, the Plaintiff used the apartment subscription passbook purchased from E and held by the Plaintiff, thereby winning in the Gangseo-gu Seoul Metropolitan Government F apartment 145 Dong 1206 (hereinafter “instant apartment”). The Defendant agreed with the Defendant to acquire the right to sell the instant apartment from E to manage it under the name of the Defendant.

B. Accordingly, the Plaintiff paid 187,850,000 won to the Defendant. On April 8, 2000, the Defendant concluded a sales contract on the purchase of the above apartment unit from E, which is the buyer of the above apartment unit, and completed the registration of ownership transfer from G Rebuilding Housing Association, the owner of the above apartment unit, under the name of the Defendant.

C. After that, on February 7, 2003, the Defendant entered into a lease contract with the former lease deposit of KRW 180,000,000 for the instant apartment, and delivered the said apartment to the lessee on February 20, 203, and delivered the said lease deposit to the Plaintiff.

On February 7, 2005, the defendant concluded a sales contract to sell the apartment of this case to H in KRW 380,000,000, and completed the registration of ownership transfer to H on March 11, 2005.

E. On the other hand, on December 31, 200, the defendant prepared a cash custody certificate stating that he promised to pay KRW 5 billion to the plaintiff at any time at the request of the plaintiff, and on January 2, 2001, he promised to pay KRW 200 million to the plaintiff by December 31, 2002. However, on the other hand, the plaintiff did not give the defendant each payment of the above amount.

[Reasons for Recognition] Gap evidence Nos. 1 through 10, 12, 13, 14 (including each number), Eul evidence Nos. 1, 3, and 6, and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The plaintiff's assertion first, the defendant on January 2001.

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