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(영문) 수원지방법원여주지원 2017.10.25 2016가합34
대여금
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.

2. Of the costs of lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. Basic facts

A. In around 199, the Defendant paid 150,000,000 won to the Plaintiff as the investment deposit upon the Plaintiff’s recommendation, which is a woman living together, for the defect of real estate investment. On August 8, 1999, the Plaintiff purchased 469 square meters prior to Sungnam-gu, Sungnam-gu.

The plaintiff newly constructed the building on the above land, and the defendant paid 50,000,000 won to the plaintiff at that time under the pretext of the building repair cost.

On September 25, 2001, the Plaintiff purchased 5,202/12,988/12,00 of the 361m2 in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-gu. for the rental deposit, loan, etc. that he leased the above building to a third party.

B. On August 9, 2002, the Plaintiff sold each land and building indicated in the foregoing paragraph as well as the sales price, etc. received. On August 9, 2002, the Plaintiff purchased a total of 347 square meters G-gu, Sungnam-si, Sungnam-si (hereinafter “G land”) and H 899 square meters (hereinafter “H land”). On August 4, 2002, the Plaintiff purchased one half of 979 square meters out of 1 miscellaneous land, Sungnam-gu, Manam-si, Manam-si, Manam-si, Manam-si, Manam-si.

The registration of ownership transfer was completed in the Plaintiff’s sole name with respect to the H land, and the registration of ownership transfer was completed in the Plaintiff’s sole name with respect to the H land. However, among each of the above land, the Plaintiff’s share with the authority to dispose of the land was 1/3, and the registration of ownership transfer was completed in the Plaintiff’s name with respect to one half of the 979 square meters out of the I annexed land in Sungnam-si, Sungnam-si. However, the actual share of

C. The area of 979 square meters in the miscellaneous land in Sung-nam-si I was 370 square meters in 2005 and in 2006, the area was 255 square meters in J Sejong-si (hereinafter “J land”), 1 square meters in the area of K Sejong-si (hereinafter “K”), 353 square meters in the area of land (hereinafter “L”), and 353 square meters in the area of land (hereinafter “the sum of each of the above land”).

In the M Housing Site Development Project District implemented by the Korea Land Corporation, "not more than G land, H land, I, and not more than ever."

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