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(영문) 서울남부지방법원 2018.07.26 2017가단221642

매매대금

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On May 28, 2003, the Plaintiffs and the Defendants jointly purchased the Westernbuk-gu F, G, and H land in the Seocheon-gu, Western-si, J, K, L, M, N,O, P, Q, Q, Q, R, T, T, U, V, W, X land, and the above H land was divided into H,Y, Z, AB, AB, AD, AE, AE, AE, AF, AH, AH, AH, AJ, AK, AL, AM, AO, AP, and AP land.

(hereinafter) The land owned by the Plaintiffs and the Defendants is “each of the instant real estate”). B.

Plaintiff

B and the Defendants subsequently purchased the above AP, AR, AS, and AT land (hereinafter “D’s sole real estate”) adjacent to each of the instant real estate in Defendant D’s name. On May 7, 2012, the Plaintiffs and the Defendants sold the above AP, AU, AV, AV, AX, AY, AY, AZ, and BA land, which were divided into the above M, N, O land and H, AB, AC, AD, AE, AE, AE, AH, and AI land, and D’s sole real estate.

'Sale' in 2012

C. The Plaintiffs and the Defendants are the same year as of July 9, 2015.

9.1. The remaining part of each of the instant real estate was sold in succession.

(hereinafter “each sale”) d. 2015.

The Plaintiffs and the Defendants settled the revenue and expenditure of each of the instant real estate and D’s sole real estate in 2012 and each of the instant sales and purchase in 2015. “The share ratio of assets is below the percentage equivalent to the original share ratio (hereinafter “the original share ratio”) of the total area of each of the instant real estate and D’s separate real estate.”

Pursuant to this, profit was distributed.

Accordingly, between August 201 and October 2012, Plaintiff A received respectively KRW 310,950,40,400 for the trading of 2012 from August 2011 to October 2012, Plaintiff B, and KRW 364,880,860 for each trading of 2015 between August 201 and October 2015, Plaintiff A paid KRW 125,337,600 for each trading of 2015 to October 2015.

E. Meanwhile, with respect to the sales in 2012, Plaintiff A and Plaintiff B, together with KRW 65,203,310 on August 30, 2012 and October 30 of the same year, respectively, and Plaintiff B, as of August 30, 2012 and October 35, 534,150 on August 30, 2012, and each of the sales in 2015. < Amended by Presidential Decree No. 26748, Nov. 1, 2015>