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(영문) 제주지방법원 2015.09.10 2012가합781

조합지분반환

Text

1. The Defendants shall pay to the Plaintiffs each amount of money and each of the above amounts stated in the “personal fee” listed in the attached Table 1 list.

Reasons

Basic Facts

A. A. Around February 2009, the Plaintiffs entered into a trade agreement with the Defendants to jointly operate the business of raising revenues by selling the real estate through auction and dividing it into a housing site (hereinafter “instant trade agreement”).

B. On February 17, 2009, the Plaintiffs and the Defendants received a successful bid in KRW 1,077,342,000, for Q213 square meters of land Q23 square meters (hereinafter “the instant forest”) which is the object of the Jeju District Court P real estate auction.

C. After that, on March 19, 2009, the Plaintiffs and the Defendants completed the registration of ownership transfer as to their respective shares of Plaintiff A, B, 5/24, network D4/24, Defendant L7/24, Plaintiff C, Defendant M, and N 1/24 due to the sale of the forest of this case by voluntary auction. The registration of ownership transfer as to the above real estate was completed on May 7, 2009 and August 13, 2009.

On the other hand, on April 4, 2012, the Plaintiffs filed the instant lawsuit against the Defendants, and expressed their intent to withdraw from the partnership, and the duplicate of the instant complaint, which expressed their intent to withdraw from the partnership, reached each of the Defendants on April 10, 2012.

E. D A deceased on December 4, 2012, and his heir was the Defendant F, G, H, I, J, and K, the wife of the Defendant E and his children.

[Based on the facts in dispute, Gap's evidence Nos. 1, 3, 4, and Eul's evidence Nos. 3-1, and the entire purport of the pleading in this case's lawsuit as to the main purpose of this safety defense is to be brought by the plaintiffs who have partnership relations under the Civil Act against the defendants for the refund or withdrawal of partnership shares due to the withdrawal of the defendants, and the defendant's lawsuit seeking the performance of partnership claims is an essential co-litigation that must be confirmed jointly against all union members, and thus, the plaintiffs raised a lawsuit except for R and S among union members.

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