logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.02.03 2013가합564854
정산금 청구의 소
Text

1.(a)

The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 44,770,260 as well as the full payment from June 8, 2016.

Reasons

The principal lawsuit, counterclaim, and intervention of an independent party shall be considered together.

1. Basic facts

A. The relevant plaintiff and the intervenor are between the parties to the high school and the friendly relationship, and the defendant is the husband of the intervenor's non-party D.

B. On May 2006, the Plaintiff, the Defendant, and the Intervenor jointly agreed to purchase real estate for the purpose of obtaining gains from resale, and the Defendant and the Intervenor entrusted the Plaintiff with the purchase of real estate. (2) On May 15, 2006, the Plaintiff entered into a sales contract with Nonparty E on the seller’s behalf as the Defendant’s agent, with the seller’s agent, as Seoul Mapo-gu FF large scale 129 square meters and the multi-household housing for the second floor of the land brick slive slive roof (hereinafter “instant real estate”).

3) Thereafter, on June 25, 2006, the Plaintiff drafted a new real estate sales contract with the above E and the instant real estate sales contract. The purchase price of the instant real estate is KRW 543,00,000 in the contract, and the remainder remaining after deducting the deposit of KRW 121,00,000 in the lease deposit from the special agreement. (c) On June 25, 2006, on the ground of the sales contract on June 25, 2006, the registration of ownership transfer was completed under the name of the Defendant on July 31, 2006. (d) On October 10, 2013, the Defendant sold the instant real estate to Nonparty G the purchase price of KRW 670,00,000 in the purchase price of the instant real estate. [No dispute exists with the recognition basis], the number of each of the instant real estate is included in the number of pages A, A, 2, 5, 100, and 3.

witness H’s testimony, the purport of the whole pleading

2. Judgment on the premise

A. Legal relations between the parties (A) The Plaintiff, the Defendant, and the Intervenor purchased the instant real estate by entering into a partnership agreement for the purpose of gaining profits from resale. Therefore, the legal relationship is a partnership relationship.

Preliminaryly, if the title trust relationship is a contract title trust.

B. Defendant.

arrow