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(영문) 부산고등법원 2019.01.24 2018나50867

소유권말소등기

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1. The appeal filed by the Plaintiff (Appointed Party) against Defendant D and the change in exchange between this Court and Defendant B and C.

Reasons

1. Basic facts

A. On September 2007, the Plaintiff and the Selection, and F, invested KRW 150,00,000 per annum with Defendant D, and invested KRW 600,000 per annum in the amount of KRW 150,00,000 per annum, around September 19, 2007, the following was 10,659 square meters of Han Forest and 1324 square meters in total around April 7, 2008. < Amended by Presidential Decree No. 23244, Oct. 18, 2012; Presidential Decree No. 23534, Oct. 19, 2012; Presidential Decree No. 24457, Jul. 9, 2013; Presidential Decree No. 24577, Oct. 14, 2013; Presidential Decree No. 24226, Oct. 14, 2013>

7. On December 12, 198, K land for a factory was divided into 3,628 square meters and became 6,151 square meters of land for a factory.

The land was purchased and developed as a factory site, and an agreement was concluded to sell it and distribute profits therefrom (hereinafter “instant investment agreement”).

2) Under the instant investment agreement, the Plaintiff invested KRW 150,00,000 from September 4, 2007 to October 9, 201 of the same year, and invested KRW 189,000 in total by investing KRW 39,00,000 from September 30, 2008 to July 25, 201, and investing KRW 189,000 in total. The selected invested KRW 150,00,000 from September 4, 207 to October 12, 201 of the same year, and made an additional investment of KRW 44,00,000 in total from September 30 to November 15, 201, each of the instant forest and forest land purchased KRW 194,00,000 in the name of 30,000,000 and completed the registration of ownership transfer under the name of 30,000,000.

B. The additional agreement between Defendant D and the Appointor and the instant factory construction 1) Defendant D, on January 4, 2012, concluded that Defendant D bears the additional cost on the instant land instead of receiving 1/2 shares from the Appointor from the Appointor by January 31, 2012, and that Defendant D would construct and dispose of the instant land and distribute the proceeds therefrom (hereinafter “the instant additional agreement”).