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Reasons
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(영문) 서울중앙지방법원 2017.02.07 2016가합516306
건물인도 청구의 소
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1. The Defendant (Counterclaim Plaintiff) received KRW 151,909,826 from the Plaintiff (Counterclaim Defendant) simultaneously.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Defendants between the parties are married, and the Plaintiff’s mother is D and Defendant C are both parties.

B. 1) The Plaintiff and the Defendants jointly invest and jointly invest the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”). Among them, the real estate listed in the separate sheet No. 1 of [Attachment No. 1] and the real estate listed in the separate sheet No. 2 of the same Table are “instant housing”.

2) The agreement of this case (hereinafter referred to as the “instant agreement”) was to be jointly purchased.

(2) On April 20, 2010, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with E and E to purchase KRW 534 million (a contract amounting to KRW 50 million, a balance of KRW 484 million, and a balance of KRW 484 million on May 22, 2010).

3) On April 20, 2010, the Plaintiff paid the down payment of KRW 50 million to E. The Defendants paid KRW 19 million to the Plaintiff on April 20, 2010, the sum of KRW 25 million on April 20, 2010, and KRW 6 million on May 17, 2010. 4) The lessee of the instant third-story residential unit prior to the remainder payment date, and Defendant B remitted KRW 90 million to the Plaintiff on May 20, 2010, and the Plaintiff paid KRW 90 million to E on the same day.

5) At the time of conclusion of a sales contract, the lease deposit of a lessee who was moving into the instant house was KRW 164 million. On May 24, 2010, the Plaintiff paid KRW 320 million, excluding the said lease deposit (i.e., KRW 484 million - KRW 164 million) to E with respect to the instant real estate on May 25, 2010, the ownership transfer registration under the Plaintiff’s name was completed on May 25, 2010, and on June 30, 2010, the mortgage claim was established based on the Plaintiff, the Plaintiff, the mortgagee, the mortgagee, the Bank of Korea, the maximum debt amount, and the maximum debt amount of KRW 60 million.

C. 1) The instant housing is indicated as 3 housing units (such as the management, etc. of the instant housing) with the 3th floor (the 1st floor, the 1st floor, and the 2nd floor on

- heading 101 to 104 on the first floor;

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