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(영문) 의정부지방법원 2016.08.19 2014가합54509
매매대금반환
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The costs of lawsuit;

Reasons

1. The principal lawsuit and counterclaim shall be deemed to be filed together with the facts of recognition;

A. While the Defendant was living in Seongbuk-gu Seoul Metropolitan Government Building 101 701 dong 701 (hereinafter “the instant house”), which is its owner, and became aware of the circumstances where the Plaintiff and his wife had been aware for a long time and did not have any address, the Defendant allowed the Plaintiff to reside free of charge in the instant house from June 2006 to one year.

B. The Plaintiff, along with wife, used two rooms other than the two rooms used by the Defendant among the four rooms of the instant housing (the part connecting each point of subparagraph (a) (c) (f) (a) (f) (a) of the attached Form), used the kitchen room, living room, etc. jointly with the Defendant, and continued to reside in the instant housing even after the Defendant left a little number of houses.

C. On March 21, 2008, the Plaintiff proposed that he would rent the instant house in KRW 200 million to the Defendant for lease on a deposit basis, and paid KRW 50 million as part of the deposit for lease on a deposit basis, but continued to reside in the instant house without paying the remaining KRW 150 million.

As of October 10, 2006, the Defendant had to continuously pay the loan interest amounting to KRW 587.6 million in total as of the maximum debt amount with respect to the instant housing as of October 10, 2006. However, the Plaintiff failed to exercise the property right to the instant housing, and accordingly, filed a lawsuit against the Plaintiff on November 25, 2009, Seoul Central District Court Decision 2009No45581, which sought an explanation on the remainder of the instant housing except for two rooms among the instant housing.

(hereinafter referred to as “Sacciny action”). (e)

On June 9, 2010, mediation was concluded on June 9, 2010, and the main contents of the mediation clause stated in the mediation protocol are as follows:

- - Future -

1. On June 14, 2010, the defendant sold the apartment of this case to the plaintiff (including the person designated by the plaintiff) at the price of KRW 650 million, and the plaintiff shall purchase it.

2...

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