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(영문) 서울서부지방법원 2019.08.23 2018나37271
잔금
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff)’s counterclaim claim filed in the trial are dismissed.

2...

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The defendant is the plaintiff's wife C.

B. The Plaintiff borrowed a total of KRW 10 million from the Defendant on May 18, 2012, and KRW 30 million on June 25, 2012.

(hereinafter referred to as “the instant loan”). C.

On March 18, 2013, the Plaintiff sold each real estate indicated in the indication of the attached real estate (hereinafter “instant housing”) to the Defendant for KRW 450 million.

(hereinafter “instant trade”). D.

The Defendant did not dispute between the original Defendant and the Plaintiff that he paid the Plaintiff a total of KRW 370 million [the sum of KRW 171,527,700,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000.

E. In addition, the Plaintiff received reimbursement of KRW 8 million from the Defendant on September 16, 2013, KRW 2 million on October 26, 2013, KRW 30.8 million on October 28, 2013, KRW 13 million on October 28, 2013, and KRW 53.8 million on October 28, 2013.

F. Meanwhile, on March 18, 2013, the Plaintiff completed the registration of ownership transfer on the instant housing to the Defendant.

G. At the time, on September 14, 2013, the Plaintiff resided in the first floor of the instant housing, and entered into a lease agreement with N on behalf of the Defendant, stating that “the Defendant shall rent the first floor of the instant housing to N in KRW 95 million (hereinafter “instant lease agreement”),” and the Plaintiff transferred the first floor of the instant housing to the Defendant around October 25, 2013.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1, 2, 4 to 14, the purport of the whole pleadings

2. Determination on the main claim

A. The Plaintiff’s assertion 1) The summary of the Plaintiff’s assertion is as follows: (a) KRW 1-D of the above basic facts out of KRW 450 million for the purchase price of the instant transaction; (b) KRW 370 million as stated in paragraph (e) (including KRW 40 million for the instant loan; and (c) KRW 538 million for the instant loan.

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