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Reasons
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(영문) 서울서부지방법원 2018.01.18 2016가합32865
정산금 지급청구의 소
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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On November 2007, the Plaintiff and Defendant B entered into a partnership agreement (hereinafter “instant partnership agreement”) with a view to purchasing a building of 271 square meters and its ground (hereinafter “instant land”) in Seodaemun-gu Seoul, Seodaemun-gu, Seoul and to remove the said building and to distributing profits by carrying out a new construction and selling the apartment house (hereinafter “instant partnership agreement”).

B. The Plaintiff delivered KRW 185,00,000 to Defendant B, KRW 30,000 on November 8, 2007, KRW 125,000 on December 10, 2007, KRW 120,000 on January 19, 2008, KRW 15,000 on May 30, 2008, and KRW 185,00,000 on May 30, 2008. The Plaintiff and Defendant B purchased the instant real estate under the Plaintiff’s name of KRW 656,00,000,00 on November 24, 2007, and completed the registration of ownership transfer on January 21, 2008.

On the other hand, the Plaintiff and Defendant B with the Plaintiff as the debtor (hereinafter “new bank”) set up a collateral of 450,000,000 won with the maximum debt amount, which is the maximum debt amount of 450,000,000 won, and used the Plaintiff as the purchase remaining amount, etc. of the instant real estate.

C. On January 7, 2008, the Plaintiff and Defendant B continued construction after obtaining a building permit under the Plaintiff’s name, and completed 8 households for multi-household houses (Nos. 101, 102, 201, 202, 201, 301, 302, 302, 401, and non-01; hereinafter “multi-household houses”) on the instant land on October 6, 2008.

The instant multi-household 301 was transferred to E as payment in kind for construction cost of KRW 240,000,000 on April 8, 2009. The instant multi-household 101 was sold to F on May 27, 2009 for KRW 240,000,000, and the instant multi-household 102 was sold to G on February 2, 2010 for KRW 220,000,00, and its ownership was transferred.

E. The Plaintiff: (a) from Defendant B on May 6, 2009, KRW 50,000,000, and KRW 10,000,00 on May 11, 2009; and (b) July 3, 2009.

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