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(영문) 서울고등법원 2017.05.11 2016나2061113
매매대금반환
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the principal lawsuit and the counterclaim by the Defendant (Counterclaim Plaintiff) are dismissed.

Reasons

1. Basic facts

A. The Plaintiff’s residence, etc. 1) The Defendant is the Seongbuk-gu Seoul Metropolitan Government 101dong 701 (hereinafter “instant house”) owned by the Defendant.

In the meantime, the Plaintiff and its family members were allowed to reside free of charge in the instant house from June 2006 to June 1, 2006 upon the Plaintiff’s request, which had been known as a five hundred and twenty years ago. 2) The Plaintiff, together with his family members, used two remaining parts of the instant house except the two rooms used by the Defendant (as indicated in the attached Form (a)(c)(d)(f)(a) (hereinafter “Defendant’s occupation parts”) (hereinafter “Defendant’s occupation parts”) among the four rooms of the instant house, and used the kitchen room and living room jointly with the Defendant (hereinafter “Plaintiff’s occupation parts”) (hereinafter “the remaining part excluding the Defendant’s occupation portion in the instant house”). The Defendant continued to reside in the instant house after approximately two months after the Defendant started jointly residing with the Plaintiff.

3) On September 2007, around September 2007, when the period of free residence agreed with the Defendant ends, the Plaintiff is the Defendant of KRW 20 million (hereinafter “the first payment”).

(2) On March 21, 2008, the Plaintiff paid the instant house to the Defendant on March 21, 2008, proposing that the Plaintiff would rent KRW 200,000,000 (hereinafter “the instant lease deposit”) as part of the lease deposit.

(B) Although the Defendant paid the remainder of KRW 150 million and continued to reside in the instant house without paying the remainder of KRW 150 million. B. As of October 10, 2006, the Defendant (i) based on the instant house as security on October 1, 2006, with the maximum debt amount of KRW 587.6 million in total as the maximum debt amount of KRW 587.6 million from one bank (hereinafter “one bank”).

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