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(영문) 서울고등법원 2016.06.17 2014나56821

정산금

Text

1. The plaintiff's appeal and the claim extended in the trial are dismissed.

2. Costs of appeal shall accrue from the extension of claims; and

Reasons

1. Facts of recognition;

A. The Plaintiff’s husband N, the Defendant, and the Defendant’s wife: (a) jointly assumed the cost and acquired real estate at the auction procedure; and (b) concluded a partnership agreement between the Plaintiff and the Defendant to divide the profits accrued from the sale of real estate into 1/2; and (c) maintained the partnership agreement from around 2000 to January 207.

On October 22, 2003, the date of acquisition of real estate by the holder of the title of the title of the title of the real estate on October 31, 2002, the acquisition value of the real estate shall be P. 285,00,000 on May 23, 2002, E 16,890,000 on May 16, 2002, GF, G 116,700,000 on April 16, 200, G Ha, I, J. 57,60,000 on November 57, 2002, J. 32,870,00 on April 22, 200, M. 16, 200 on Jun. 26, 200, 200, Q. 4,000 on September 16, 200, Q. 194

B. On January 9, 2004, the Plaintiff and the Defendant purchased Pyeongtaek-si D 3,641 square meters (hereinafter “instant real estate”) in the name of the Defendant with money jointly prepared at the auction procedure of Suwon District Court Sejong District Court on January 9, 2004 as part of a business agreement.

On the other hand, the real estate acquired by the plaintiff and the defendant through the partnership agreement shall be as follows:

[Ground of recognition] Facts without dispute, Gap evidence 7, Gap evidence 11-1-4, Eul evidence 1-2, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff and the defendant shall resell the real estate after purchasing it in the auction procedure and divide it into one half of its profits. Thus, the defendant is obligated to pay KRW 329,485,00, which is one half of the proceeds from the resale of the real estate in this case.

B. On January 2007, the Defendant settled the amount of compensation for expropriation of Q land (the above table No. 8 when specifying real estate; hereinafter, the above table No. 8) at Osan-si, Q (the above table No. 1) and settled that the remaining real estate (the No. 2 and No. 7) except the land will own each under the name of the Plaintiff and the Defendant, so there is no share to be distributed to the Plaintiff in relation to the instant real estate.

3. Therefore, judgment.