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(영문) 서울서부지방법원 2016.09.23 2015가단243777

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 1, 1987, the Defendant, who is the husband of C, the Plaintiff’s father, the Plaintiff, and the Plaintiff’s female couple D, invested each of KRW 70 million on the land of Seodaemun-gu Seoul, Seodaemun-gu, Seoul (hereinafter “instant site”) and newly constructed a female house, and jointly run the female house and the real estate leasing business, and the execution of the business is three, but the three parties are equally sharing profits and losses (hereinafter “instant partnership business agreement”) under the instant business agreement.

B. The Plaintiff and the Defendant did not contribute the said money, newly constructed a building of five stories listed in the attached list (hereinafter “the instant building”) on the instant land with C’s funds, and completed registration of ownership preservation with C 19/33 shares on February 4, 198, and each of the Plaintiff and Defendant 7/33 shares.

C. The Defendant’s claim for distribution of the profits 1) C is the inn of the instant leisure building (hereinafter “the inn of the instant building”).

(2) On August 6, 2001, the Plaintiff filed a lawsuit claiming the distribution of profits equivalent to 1/3 shares, one-third of its own shares, out of the profits under the instant business agreement, with Seoul Western District Court 2001Gahap751, as Seoul Western District Court 2001. < Amended by Presidential Decree No. 17551, Dec. 5, 2001>

3) Meanwhile, on the grounds of donation to the Plaintiff on December 26, 2001, C completed the registration of ownership transfer with respect to one’s own shares among the instant land and the instant leisure building, and died on August 2, 2003 (hereinafter “the deceased”). The Plaintiff’s siblings filed a lawsuit against the Plaintiff seeking the cancellation of the above transfer of ownership, but lost.

4) The Plaintiff in the above 2001Gahap7551 and the Seoul High Court 2004Na9383, the appellate court.