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(영문) 서울남부지방법원 2016.10.20 2015가합111069
매매대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The relationship between the Plaintiff and the Defendant had long-standing relationship. Around November 2002, the Plaintiff invested funds together with the Plaintiff’s name, and agreed to purchase the land and the fourth floor neighborhood living facilities and the housing (hereinafter “instant real estate”) from the Seongbuk-gu Saemaeul Community Depository in the name of the Plaintiff and to carry out the joint lease project for the said real estate (hereinafter “instant joint project”).

B. On November 30, 2002, the Plaintiff purchased the instant real estate for KRW 2.4 billion from the Seongbuk Branch Saemaul Bank (hereinafter “instant sales contract”) on November 30, 2002 (hereinafter “instant sales contract”).

(2) On December 6, 2002, the Plaintiff completed the registration of ownership transfer under the name of the Plaintiff with respect to the instant real estate. (2) In lieu of the payment of part of the instant real estate purchase price, the Plaintiff acquired the obligation to return the lease deposit amount of KRW 498.9 million under the lease agreement on the instant real estate from the Seongbuk Saemaul Depository. A part of the instant real estate was designated as the deposit money as KRW 300 million to the Seongbuk Saemaul Depository, and the said deposit amount was deducted from the instant real estate purchase price.

3) In order to raise purchase funds, including the remaining real estate purchase price of this case: KRW 1.6 billion (=2.4 billion - KRW 499 billion - KRW 300 million) and other acquisition funds, including the registration tax, the Plaintiff invested KRW 100 million in cash, and the Defendant invested KRW 200 million in cash, and his wife with the Defendant (hereinafter “Defendant”).

on December 6, 2002, the Defendant’s loan amounting to KRW 400 million (hereinafter “instant Defendant’s loan”) from the Seongbuk-gu Saemaeul Community Fund as security for the land and its ground buildings owned by Yangcheon-gu Seoul Metropolitan Government.

(2) The Plaintiff and the Defendant secured the instant real estate on the same day, and the Plaintiff and the Defendant secured the instant real estate in the name of the Plaintiff (hereinafter “Korea Bank”).

1.3 billion won;

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