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(영문) 의정부지방법원 2014.05.16 2013가합4538

잔여재산분배

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Plaintiff’s wife E (hereinafter referred to as “Plaintiff’s family”), the Defendants (Defendant B’s wife, Defendant C’s wife, Defendant D’s wife, Defendant D’s wife, and Defendant B’s wife), F and F’s husband G (hereinafter referred to as “F family”) run a Dong around 2009 and run a Dong on August 19, 201, part of the above land was 674 square meters in Seocheon-si H 7,855 square meters, G 103 square meters, M 710 square meters, N710 square meters, 710 square meters, P 104 square meters, Q 710 square meters, 104 square meters, 133 square meters, 694 square meters, 2825 square meters, 293 square meters, 294 square meters, 304 square meters in installments and part of the above land.

3. V 10 square meters, W 95 square meters, X 138 square meters, X 138 square meters, and Y 2,296 square meters, among the above lands, the land category of H, K, M,O, Q, Q, and Q, was changed into “large” on September 26, 2012 and on July 3, 2013, the land category of H, K, M, M,W, and X was changed into “road”. The land category of H, H, M, M, Q, and X was to purchase and operate a pent, and the Plaintiff’s family members are responsible for the management of guest rooms, such as facility management, cleaning, etc., and the Defendants are to bear the expenses incurred for the purchase and construction of land necessary for the same business, and the Plaintiff’s family members and the Defendants agreed to distribute profits from the pent and the Plaintiff’s association in accordance with each of the instant agreements (hereinafter “instant agreement”).

B. On August 11, 2009, Defendant B purchased H land and 188 square meters in total from the purchase price of KRW 270,00,000,00 in accordance with the instant trade agreement (However, the land does not seem to have been invested in the instant association) and completed the registration of ownership transfer with respect to the instant H land under the Plaintiff’s name as it is difficult for Defendant B to obtain the qualification certificate for acquisition of farmland on September 18, 2009, and completed the registration of ownership transfer with respect to the instant H land. In order to install an access road for the instant pension business, part of the land above the JJ No. 1,342 square meters on November 16, 2009 and part of the land above 778 square meters in total on October 28, 2010, AAA.