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(영문) 창원지방법원 통영지원 2018.03.29 2016가합10809

분담금 등

Text

1. Defendant (Counterclaim Plaintiff) C: (a) KRW 25,445,100 against the Plaintiff (Counterclaim Defendant) and its related amount from September 23, 2017 to March 29, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On July 2009, the Plaintiff entered into an agreement with Defendant C on July 2, 2009 under which, after jointly purchasing 1,295 square meters in common, E, 106 square meters in common, and F, 186 square meters in common with the joint funds, the Plaintiff newly constructed the pention building with the joint funds. Upon completion of the pention building, the Plaintiff engaged in the lodging business and divided the profits into 1/2 in common (hereinafter “instant partnership agreement,” and the lodging business between the Plaintiff and the Defendant C under the instant partnership agreement.

Defendant C, who had been in a bad credit condition at the time, had completed the registration of transfer of ownership and registration of ownership of each of the above land and the pented building under the name of Defendant B, his father.

B. The Plaintiff and Defendant C, by investing KRW 50 million each, purchased 1,295 square meters in Tong-si, E, 106 square meters in size and 186 square meters in size. On August 3, 2009, the Plaintiff and Defendant C completed the registration of ownership transfer in the names of the Plaintiff and Defendant B with respect to each of the above lands.

C. On November 18, 2009, the land category of D 1,295 square meters was divided into D 697 square meters and G 598 square meters. Each of the said divided land was changed to the land category on April 8, 2010.

(hereinafter) As above, the land category was divided and the category of which was changed to a building site, D, 697 square meters, and D, E, 106 square meters was changed to a building site on April 8, 2010. On April 12, 2010, the land category was changed to a building site. On April 12, 2010, the land was combined with F, 186 square meters and G, 598 square meters on the said land.

(hereinafter) As above, in the Tong-si, Dong-si, the land category of which has been changed and combined, E shall be deemed as E land, and “D land” and “E land” shall be collectively referred to as “D land” and “E land.”

On November 5, 2009, the Plaintiff entered into a construction contract with H to newly construct 11 units on each of the instant land of KRW 36 million, and paid the construction cost. H completed the construction work on March 25, 2010, which newly constructs 7 units on each of the instant land and 4 units on each of the instant land.

(e).