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(영문) 춘천지방법원속초지원 2016.07.07 2014가합429
정산금반환
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 361,00,000 to the Plaintiff (Counterclaim Defendant) and its amount from August 1, 2014 to September 30, 2015.

Reasons

1. Facts of recognition;

A. (1) On November 30, 2009, the Defendant obtained a loan of KRW 776 million from Han Bank Co., Ltd. (hereinafter “I Bank”) with the Plaintiff’s introduction from the Plaintiff at KRW 2,137 square meters (hereinafter “the land before the instant subdivision”) prior to the instant subdivision, and purchased the land prior to the instant subdivision at KRW 742.9,00,000,000 among them. On December 23, 2009, the Defendant completed the registration of the establishment of the right to ownership transfer and the right to collateral security (hereinafter “right to collateral security”) with the ownership transfer and the right to collateral security (hereinafter “right to collateral security”) with the Defendant and the maximum debt amount of KRW 130,00,000,000,000,000.

(2) Around March 2010, the Defendant entered into a construction contract with the Plaintiff to newly construct two gates on the land before the instant partition, and the Plaintiff started the construction work around April 2010.

(3) On April 14, 2010, the land prior to the instant partition was divided into C940 square meters, D942 square meters, and E 253 square meters, respectively, and on December 23, 2009, the registration of establishment of neighboring land was transferred to each of the said land.

(4) On November 2010, the Plaintiff and the Defendant, at the Defendant’s request, owned the Plaintiff’s land of this case and the penty constructed on the land of this case (hereinafter “No. 1 pension”) instead of bearing the Plaintiff’s additional construction cost at the Defendant’s demand, and owned the Plaintiff’s land of this case and the penty constructed on the land of this case (hereinafter “No. 1 pension”), and “No. 2 pension construction on the land of this case and its ground.”

) The Plaintiff and the Plaintiff agreed to own the instant land as the Defendant. On February 8, 2011, the Plaintiff and the Plaintiff’s wife completed the registration of ownership transfer based on sale and purchase of the instant land (five years thereafter, the Plaintiff completed the new construction of the instant land and the instant land and obtained approval for use for each of the instant fences around June 22, 201, and completed the registration of ownership transfer under the Plaintiff’s name on June 30, 201, and the second pent was completed on August 19, 201 under the Defendant’s name.

(b)the input cost;

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