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서울고등법원 2018.01.17 2016나2081421

소유권이전등기

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1. The judgment of the first instance court, including a claim modified in the trial, shall be modified as follows:

Defendant 2.

Reasons

1. The grounds for this part of the underlying facts are as stated in the judgment of the first instance, except for dismissal or addition as follows. Thus, this part of the reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The third 15th 15th 201 in the judgment of the first instance shall be deemed to read " February 12, 2012" as " February 12, 2014."

After the fourth seventh of the judgment of the first instance, “Defendant C shall complete the registration of ownership transfer based on the partition of co-owned property as to the portion of Defendant B’s 1/2 among the lands listed in the attached list No. 3 of January 9, 2017.”

2. The parties' assertion

A. On December 2013, the Plaintiff entered into a partnership agreement (hereinafter “instant partnership agreement”) with J, the Defendants, and I, stating that “five persons purchase the land before and after the instant partition (hereinafter “instant land before and after the instant partition”) and resell the value thereof by raising the value thereof, and 1/5 each.”

Accordingly, five persons invested and acquired ownership of the land prior to the division in the name of the Defendants, such as Paragraph 1(b) of February 12, 2014.

1) A cooperative’s failure to maintain a cooperative relationship, and the Plaintiff filed a claim for dissolution of the cooperative pursuant to Article 720 of the Civil Act. Therefore, the Defendants, who owned the land before the division, which is the property of the cooperative, shall bear the Plaintiff’s duty to distribute residual property pursuant to Article 724 of the Civil Act. Based on the time of dissolution of the cooperative, given that the value of the association’s residual property corresponding to the Plaintiff’s share exceeds KRW 80 million in total, the Defendants shall pay 40 million and delay damages therefrom to the Plaintiff, respectively (main claim). (2) The Plaintiff withdrawn from the cooperative pursuant to Article 716 of the Civil Act.

Therefore, the Defendants who owned the land before the instant partition shall be the Civil Act to the Plaintiff.