beta
(영문) 서울동부지방법원 2014.10.14 2013가단46635

지분이전등기청구

Text

1. The plaintiff's main claim is dismissed.

2. The Defendant’s KRW 30,000,000 for the Plaintiff and its related expenses on July 15, 2014.

Reasons

1. Basic facts (applicable for recognition: Fact that there is no dispute, evidence No. 1 through 14, evidence No. 2, each entry of evidence No. 3, and the purport of the whole pleadings);

A. On August 16, 2007, the land of this case was divided into 14067 square meters for C forest land and 713 square meters for D forest land (2, July 22, 2009, registration conversion was made with 3 land listed in the same list as of July 22, 2009), E 192 square meters for E forest land (3 land registration conversion with 4 land listed in the same list as of July 22, 2009), F forest land 91 square meters (4 land listed in the same list as of July 22, 2009), G 91 square meters for forest and 91 square meters for G forest (5 land listed in the same list as of July 22, 2009), and each land was subdivided into 16 or 14 square meters for forest land listed in the same list as of July 13, 2010.

(hereinafter referred to as “each of the instant real estates”. B.

On June 22, 1984, the transfer registration of H’s ownership was completed with respect to the land before the partition, and the transfer registration was completed on January 18, 2007 under the name of the defendant, and the transfer registration was completed with respect to each real estate of this case on January 18, 2007 due to such division.

C. I made a deposit of KRW 10 million on September 27, 2006 and KRW 30 million on November 30, 2006 to J, the mother of H, who was the owner of the land before the instant partition, respectively.

2. The plaintiff's assertion and judgment

A. 1) On the grounds of termination of the agreement on the business partnership, the Plaintiff, around 2006, shall, on its own initiative, jointly purchase and resell the land before the instant partition with the Defendant by investing money with the Defendant around 2006 at one’s own initiative and jointly purchase the land before the instant partition, and shall be paid a dividend in proportion to each share of the profits accrued therefrom (hereinafter “instant agreement”).

B. Pursuant to the instant trade agreement, the Plaintiff jointly purchased KRW 30 million out of the purchase price of the land before the instant subdivision, and the Defendant jointly purchased KRW 7 million.