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(영문) 서울서부지방법원 2014.08.22 2013가합3637
분담금 등
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

Defendant C, Nonparty D, and E are siblingss, and Defendant B is children of Defendant C, and the Plaintiff is his father.

The Plaintiff and the Defendants agreed to purchase real estate on May 1, 2006 at KRW 560 million from Nonparty F and E (hereinafter “instant sellers”) and agreed to pay the purchase price as follows. The Plaintiff and the Defendants purchased each real estate listed in the separate sheet (hereinafter “instant real estate”) from Nonparty F and E (hereinafter “instant sellers”).

① The Plaintiff and the Defendants take over KRW 110 million as to the obligation to return the lease deposit of the instant real estate.

② The details of the obligations and the cancellation of each of the instant mortgages are as follows: (a) the Plaintiff and the Defendants repaid the total amount of Defendant C’s obligations that the instant seller guaranteed on the water and cancelled each of the instant mortgages; and (b) the details of the instant mortgages are as follows.

1) The table Nos. 1 through 3 is as listed in the table set forth in paragraph (3). The remainder of KRW 65 million ( KRW 560 million - KRW 110 million - KRW 385 million - KRW 300 million) shall be paid in cash. According to the above sales contract, the Plaintiff and the Defendants acquired KRW 110 million as the obligation to refund the lease deposit (hereinafter referred to as the “sale price of the instant real property”) and calculated based on KRW 450 million after deducting the above KRW 110 million from the amount of KRW 560 million.

() On May 30, 2006, the registration and receipt of the Busan District Court 64659 and 64660 with respect to the instant real estate, and the registration of ownership transfer of 1/2 shares for each transaction under the name of the Plaintiff and Defendant B was completed. [Grounds for recognition] There was no dispute, and the Plaintiff asserted that the Plaintiff’s claim for the purport of the entire pleadings was made, as to the Plaintiff’s claim, KRW 25 million (450 million x 1/200,000) that the Plaintiff should pay to the Plaintiff. The Defendants did not pay KRW 7 million out of their own share, and both taxes, public charges, and management expenses for the instant real estate were paid to the Plaintiff.

Defendant C is granted a loan of KRW 160 million to the Defendants.

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