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Reasons
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(영문) 서울중앙지방법원 2017.10.12 2016가합580710
기타(금전)
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A. A limited liability company C (former trade name: D.; hereinafter “D”) is a company established for the main purpose of real estate development and supply business, and is actually operated by E. On February 2, 2015, the Plaintiff borrowed KRW 600 million from the Plaintiff on the following terms:

1. The loan period shall be February 2, 2015 to February 13, 2015;

2. The proceeds of the loan are subject to the condition that the F and G construction rights will be granted to the Plaintiff.

3. The security of the loan is to enable the change in the name of the plaintiff in the name of F (including contract money and intermediate payment of KRW 78,300,000,000,000) in the name of F at the time of harmony held D.

4. When the repayment of the loan was made, the Plaintiff shall have the contract under the name of D return to its original state.

B. 1) Between the Defendant and E on February 2, 2015, 000 m2, F. 924 m24 m20 m20 m200 m222.6 m20 m20 m200 m22. hereinafter “instant land”).

(E) As to the remainder of KRW 3,611,563,720 (hereinafter “instant sales contract”) and the remainder of KRW 3,611,563,720 (hereinafter “instant sales contract”) to be paid on February 23, 2015 to the buyer and the Defendant as the buyer, and the total purchase price of KRW 4,391,080,00,000; and the down payment amount of KRW 779,516,280,00.

(2) As to the instant land on the same day between the Plaintiff and the Defendant, the Plaintiff and the Defendant were the seller, and the total purchase price is KRW 3,941,080,00,000, and the down payment is KRW 779,516,280,00, and the remainder of KRW 3,161,563,720, which shall be paid at the time of the contract and the remainder of KRW 3,161,563,720, which shall be paid in February 23, 2015 (hereinafter “instant second sales contract”).

In addition, the Defendant issued the receipt on February 2, 2016 (hereinafter “the receipt of this case”) to the effect that the Plaintiff received KRW 779,516,280 (part of KRW 100,000,000 on January 16, 2015, intermediate payment of KRW 679,516,280 on intermediate payment, payment of KRW 679,516,280 on February 2, 2015) as the down payment for the instant land.

C. The Defendant, on November 8, 2016, refers to the Plaintiff.

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