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(영문) 수원지방법원안산지원 2016.07.13 2015가단113491

공유물분할

Text

1. The defendant received KRW 230,869,335 from the plaintiff and simultaneously received KRW 1.30,869,335 from the plaintiff, 1.

Reasons

1. Basic facts

A. On June 27, 2002, the Plaintiff and the Defendant concluded a partnership agreement with the content that purchased the land listed in the [Attachment List 1 (hereinafter “instant land”) and newly built the building and jointly operate the automobile maintenance center, and agreed to distribute 1/2 of the profits accrued from the commencement of the business to the termination of the contract.

(hereinafter referred to as the “instant trade agreement”). (b)

On August 7, 2002, the Plaintiff and the Defendant jointly owned the ownership of the instant land with 1/2 shares, and completed registration. On the same day, the Plaintiff and the Defendant completed the registration of the establishment of a mortgage that became the Bank of Suwon District Court, No. 87535 on August 7, 2002, with the Suwon District Court No. 87535 on the instant land as the receipt of a loan of KRW 220,000,000 from the Industrial Bank of Korea as security, and completed the registration of the establishment of a mortgage that became the Bank of Korea-based maximum debt amount.

C. On February 19, 2003, the Plaintiff and the Defendant constructed a three-story building on the ground of the instant land (hereinafter “instant building”), and completed the preservation registration by sharing one-half shares of each of the Plaintiff and the Defendant with respect to the instant building. On May 29, 2003, the Plaintiff and the instant building and the instant land were additionally loaned KRW 200 million from the Industrial Bank of Korea as collateral, and completed the registration of establishment of a mortgage with respect to the instant building and the instant land, with the Suwon District Court No. 5305, May 29, 2003, No. 5305 on May 29, 2003.

From April 2004, the Plaintiff and the Defendant operated the automobile maintenance center (hereinafter “instant maintenance center”) with the trade name from the first and second floors of the instant building from C, and settled profits at the end of each month.

E. At the request of the Industrial Bank of Korea on January 16, 2009

The Suwon District Court held that the building of this case is a security for the loan of August 7, 2002.