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(영문) 춘천지방법원원주지원 2016.02.18 2015가단31659

합유물분할 청구의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. On January 2006, the Plaintiff entered into a partnership agreement with the Defendant for the purpose of jointly creating and operating an arboretum.

Pursuant to the agreement of the partnership, the plaintiff

1. A list;

The real estate stated in the subsection (hereinafter referred to as “instant real estate”) shall be purchased, invested, and the defendant shall pay the attached Form.

1. The list;

The real estate stated in the subsection was invested.

In order to achieve the purpose of the Dong business, the Jinan-gun Office received financial support from the Jinan-gun Office, and constructed a glass temperature room (attached Form 1 Schedule 1 B) on the ground among the real estate of this case.

However, for the convenience of creating arboretums, such as qualification certificate for acquisition of farmland and designation of forest successors, the registration of ownership transfer should be completed en bloc in the name of the defendant.

B. The purchase price of the instant real estate was disposed of by using KRW 20 million, which was remitted to the Defendant through the Plaintiff’s Dong-B, and KRW 70 million, which was provided by the Plaintiff to the Defendant as a check, in a way that the Defendant directly pays the seller.

C. In addition, the Plaintiff included the amount of KRW 24 million for equipment at the site of an arboretum and the construction site of an erosion control dam, KRW 8 million for E trees, KRW 1,222 million for oil for civil engineering works, KRW 42,80,000 for stone storage and landscaping works, KRW 29,000 for wild greenhouse creation works, KRW 60,000,000 for expenses for purchase of wood for the old old house removal, KRW 15,000,000 for trees, KRW 2,000,000 for landscaping and planting expenses, KRW 4 million for timber purchase, part of the cost for access bridge construction, KRW 1,45 million for landscaping construction and civil engineering works, KRW 206-207, and KRW 35,500,000 for project promotion expenses and expenses for the project.

On the other hand, the defendant has been in custody of the defendant's accommodation and the market price equivalent to 118.9 million won in the real estate site of this case during the period of the same business, for art works, folks, folks, chief, spawned mushrooms growing trees, spawned brain trees, which are owned by the plaintiff.

In this case, hereinafter referred to as "the case").