(영문) 서울중앙지방법원 2016.11.29 2015가단5328708

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(영문) 서울중앙지방법원 2016.11.29 2015가단5328708

대여금

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1. The defendant shall pay to the plaintiff KRW 72,470,840 as well as KRW 70,000 among them, from August 21, 2015 to the day of full payment.

Reasons

1. Determination as to the cause of claim

A. On April 9, 2015, the Plaintiff and the Defendant entered into a land sales contract (hereinafter “instant sales contract”) with the Defendant on the condition that one-half of the co-ownership share on the purchase price of KRW 700 million and the remainder payment date of KRW 1001 square meters in Yeonsu-gu Incheon (hereinafter “instant land”) shall be determined and sold to the Defendant on May 7, 2015, on condition that the Plaintiff would either receive the purchase price in cash or receive it as a substitute for the Seo-gu Incheon shopping district (hereinafter “instant sales contract”).

On April 13, 2015, the Plaintiff selected D commercial buildings as substitute goods according to the instant sales contract, and entered into an agreement between the Defendant and the Defendant to exchange one-six-six share of the instant land with D building 105 and 106 (hereinafter “instant commercial buildings”), and to exchange one-six share of the value of the instant commercial buildings with 700,000,000 won, and to exchange the value of the instant commercial buildings with 840,000,000 won (hereinafter “instant exchange agreement”).

The instant exchange agreement contains the following: (a) the Defendant entered into a lease agreement with the Plaintiff as a lessor by seeking a lessee of the instant commercial building; (b) the Plaintiff shall pay KRW 140,00,000 to the Defendant as the difference between the land and the commercial building; and (c) the Plaintiff shall bear 50% of the transfer income tax imposed on the Plaintiff according to the instant land purchase and sale agreement, and 50% of the Defendant’s burden.

On May 7, 2015, the Plaintiff transferred the ownership of 1/6 of the share of the instant land to the Defendant according to the instant sales contract and exchange agreement, but the Defendant did not transfer the ownership of the instant commercial building to the Plaintiff.

The Plaintiff’s loan claim against the Defendant was cancelled the right to collateral security established on the instant commercial building.

유사 판례

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