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(영문) 수원지방법원평택지원 2019.08.29 2018가단64311

소유권말소등기

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff entered into a land sales contract prior to the division was engaged in construction business in Pyeongtaek-si G with the trade name “H”, and F (name I before the opening name) operated real estate brokerage business with the trade name “K real estate” in J, and L was working in the same office as F.

The three above three persons (hereinafter referred to as the "three persons of this case") are all middle school Dongs and are the same kind as that of middle school, and they were engaged in a business in the vicinity, so they were in a close-friendly manner.

F purchased from the Plaintiff and L L, the land which is 46,732 square meters of Pyeongtaek-si M-si land (hereinafter “land before division”; hereinafter “Y-si N-ri” in individual land is omitted) and solicited the Plaintiff and L to sell the land to the electric source housing site (hereinafter “instant project”).

The Plaintiff and L agreed to enter into a contract in the name of F, well known to the owner of the land before the division, and F entered into a sales contract with theO on November 12, 2003, which covers KRW 1.6 billion of the purchase price for the land before the division, and the purchaser’s name as a special contract is called “I out name.”

The contract deposit of KRW 130 million according to the above contract was shared by the plaintiff and L 1/2 each.

It is unclear from time to time how to pay the remainder of the purchase price of KRW 1.47 billion.

B. On January 24, 2004, the three parties of this case, which entered into a joint business agreement, prepared a written agreement setting forth the mutual relationship between the instant land as follows.

(hereinafter referred to as the “instant agreement”). The following agreements are made by purchasing the land before the subdivision of the agreement:

Buyer A, F, and B Plaintiff

1. The equity ratio of the land before the split-off shall be 1/2 and 1/2; and

2. The joint investment expenses shall be disbursed for all the construction expenses from among the profits from leasing business, etc. by creating the land before subdivision as a multi-purpose site, and the net profits shall be distributed one-half each from the profits.

3. A and B shall be made according to convenience, regardless of their shares.