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(영문) 의정부지방법원고양지원 2016.08.17 2015가단9663

분담금 지급

Text

1. The plaintiff's claim of this case against the defendants is dismissed in entirety.

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

Reasons

1. The Plaintiff and Defendant B drafted an agreement on April 28, 2004 (hereinafter “instant agreement”) and the relevant parts are as follows:

(1) Under the following, “The instant forest land and E” is collectively referred to as “the instant forest and land,” and “A” is collectively referred to as “A” and “A” and “B” shall jointly invest 1/2 of the total purchase amount of the said real estate in the amount of KRW 195,00,000 and KRW 98,000,000 (including brokerage fees) out of the purchase amount of the said real estate, one-half of the total purchase amount of KRW 195,00,000,000,000 in the form of the National Bank A, to secure the rights of Party A included in the name of the registrant, and the entire right to the said land shall be designated as a real estate speculation area, and if the title transfer possible, the time when Party A or the designated person Party B shall transfer the land.

5) “A” and “B” share 1/2 of the sale price of the above land at the time of sale, provided that in this case, all gold-do and “B” share 1/2 of the sale price. 6) A and “B” share 1/2 of the registration cost following the acquisition of these real estate.

On June 14, 2006, Defendant C drafted a letter confirming that each of the instant forests was jointly purchased by the Plaintiff and Defendant C.

On April 2, 2004 with respect to the instant forest land, the ownership transfer registration was made in the Plaintiff’s future on May 15, 2004, and on May 15, 2004, a provisional disposition was made with respect to the shares of 1/2 in the Defendant B, and on February 28, 2008, the establishment registration of the neighboring forest land was completed in the future of Han Capital Capital Co., Ltd. (hereinafter “One Capital”) (hereinafter “One Capital”), fixing the maximum debt amount of KRW 520,00,000 as the maximum debt amount (hereinafter “One Capital”); the Plaintiff established the said forest land and 14 lots as a joint collateral; the amount borrowed from one Capital is KRW 400,00,000,000, and the loan is thereafter.