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(영문) 울산지방법원 2017.11.30 2016가단56860
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On May 20, 2008, the Plaintiff purchased 200/100 of the amount of KRW 170 million out of the amount of KRW 170,000,000,000 from Ulsan-gu, Ulsan-gu (hereinafter “instant real estate 1”) from C on May 20, 2008. The Plaintiff paid KRW 70,000 out of the said amount in cash and appropriated the remainder of KRW 100,000,000,000 to KRW 100,000 out of the loans the Defendant, a joint purchaser, borrowed the instant real estate 1 from F Cooperatives (hereinafter “F Cooperatives”) as collateral, and the Plaintiff agreed to share the amount of KRW 100,000 out of the above loans.

B. On May 20, 2008, the Plaintiff purchased 200/200 of each of the 4,066 m2 and 2,545 m2,000 m2,000 m2,000,000,000,000 from the G principal association (hereinafter collectively referred to as the “second real property of this case”) from the G principal association, and the said m200 m2,000 m2,000 m2,000 m2,000,000,000,000 won. The Defendant, a joint purchaser, as a security, appropriated the Defendant’s loan amount of KRW 40,00

C. On February 9, 2009, the Plaintiff purchased 500/200 shares of the amount of KRW 250 million in the name of the Defendant, each of the KRW 350 million in the name of the Defendant, among the two parcels including the two parcels of land, the amount of KRW 350,000,000,000,000 from the JJ, Ulsan-gu, Chungcheongnam-gu, and the amount of KRW 30,000 in the name of the Defendant. Of the above amount, the Plaintiff transferred KRW 100,000 to the account in the name of the Defendant, and the remaining KRW 150,000,000 in the amount of KRW 150,00,000 out of the loans the amount of KRW 3 of the instant loan to which the joint purchaser obtained from the FJ as collateral, and the Plaintiff agreed to share the amount of KRW 150,00

On June 27, 2014, the Plaintiff transferred KRW 50 million to the account in the name of the Defendant in order to repay the FF amount of KRW 10 million out of the amount apportioned by the Plaintiff among the loans under the Defendant’s name related to the instant 2 real estate.

E. On June 27, 2014, the Plaintiff made a sale on June 27, 2014 with respect to the share of 200/200 of the instant 2 real estate from the Defendant.

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