logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.04.05 2015가단225664
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A. Around June 200, the Plaintiff proposed that each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) registered as owned by C, his own borrower, be awarded a successful bid under the name of the Plaintiff, as the Plaintiff’s partner, and the Defendant’s husband, would have been awarded a successful bid, acquisition tax, etc., on the grounds that the auction procedure was conducted with respect to each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”). The Deceased accepted it.

B. On June 9, 2001, the Deceased received a decision to permit sale of KRW 160,100,000 as to each of the instant real property.

C. The Plaintiff paid to the Deceased a total of KRW 45,100,000 (in total of KRW 32,020,000,000,000,000) out of the sales price of each of the instant real estate, and had the Deceased pay the remainder of KRW 115,000,000,000,000,000 for each of the instant real estate to the court. Around June 22, 2001, the Plaintiff established a collateral security, etc. as to the instant real estate and received a loan from the original agricultural

On July 21, 2001, the registration of ownership transfer in the name of the deceased was made with respect to each real estate of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 13, Eul evidence Nos. 1 to 4, the purport of the whole pleadings

2. Determination

A. Plaintiff’s assertion 1) The Plaintiff and his husband title trust of each of the instant real estate to the Dongin and the Defendant’s husband. The instant real estate was expropriated in the Korea Land Corporation around December 2006, and accordingly, the Deceased received approximately KRW 1180 million as compensation for losses. 2) The Plaintiff, around January 2, 2007, settled the amount of the compensation for losses received by the Deceased and the Deceased at KRW 396,820,897, after settling the amount of the compensation for losses received by the Deceased. In the future, the amount remaining after deducting the increased amount of health premiums, the price for title trust, and the transfer income tax, etc. by the Deceased possession of each of the instant real estate.

arrow