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(영문) 서울중앙지방법원 2017.10.25 2017가단5027306

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On April 21, 2008, the Plaintiff and the Defendant entered into a partnership agreement with each of the lands listed in the separate sheet (from next to the “each of the instant lands”, and individually according to the sequence in the separate sheet (hereinafter “instant land”) to newly construct and sell a loan on the ground, with the investment shares of 50 to 50.50.

The Plaintiff and the Defendant purchased the instant land No. 1 from C, and completed the registration of ownership transfer under the name of the Defendant, and purchased the instant land No. 2 from D, but did not complete the registration of ownership transfer under the name

Under this situation, the defendant constructed the "E building", which is an aggregate building of the total of eight households with D and D with a building permit, and completed registration of preservation of ownership on November 5, 2008 with regard to eight households of "E building" under the joint names between the defendant and D.

On November 14, 2008, the Plaintiff and the Defendant drafted a written agreement (hereinafter “instant agreement”) with the content that the Plaintiff would acquire ownership of Nos. 101, 202 (hereinafter “Plaintiff Distribution Generation”) of the building E and the Defendant’s 301 and 402 (hereinafter “Defendant Distribution Generation”) respectively.

On November 21, 2008, the Plaintiff completed the registration of ownership transfer with respect to the Plaintiff-Distribution Household in accordance with the instant agreement.

On November 21, 2008, the Plaintiff and the Defendant, separate from the instant agreement, prepared a statement of accounts by detailed details of investment amount (hereinafter “the settlement of accounts in this case”) with the content that the remainder of the E-building 102 and 201 (hereinafter “undivided household”) excluding all kinds of expenses, including taxes, should be distributed in proportion to the value of the investment, as follows:

(3) The Plaintiff (Korean investment:70,900,000 won) 1,072,90,000 won + 574,200,000 won + 1,507,000 won + 420,000,000 won for individual distributions. < Amended by Presidential Decree No. 1700, Feb. 1, 2000; Presidential Decree No. 12070, Oct. 1, 2000; Presidential Decree No. 120657, Feb. 1, 2000; Presidential Decree No. 17077, Jan. 1, 2000>