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(영문) 창원지방법원 2016.09.22 2015가단81337
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The plaintiff's assertion

A. The Plaintiff registered its business under the name of the Plaintiff, and was engaged in real estate development business and building business with her husband C.

On May 2007, the Plaintiff purchased the land listed in attached Table 1. Paragraph (1) of the attached Table (hereinafter “instant land”) with the Defendant’s husband D and agreed to newly construct and sell a house on that ground and distribute profits half and half.

Defendant invested KRW 150 million on the ground of this case, and the Plaintiff agreed to newly construct a house on the ground of this case and then dispose of it and distribute profits in half.

The land of this case was purchased in the name of the Plaintiff and developed it as the non-party F and Dong business in the name of the Plaintiff, which is adjacent to the land of this case, and purchased the land of this case in the name of the Defendant.

The Plaintiff obtained a building permit in the name of D and constructed a new building on the ground of this case on the land of this case at the Plaintiff’s expense.

B. The plaintiff and the defendant shall list the attached list in accordance with the above business agreement.

1. It is necessary to sell the real estate stated in paragraph (2) (hereinafter “instant real estate”) to reflect the sale price, but it is not easy to sell or purchase the pertinent real estate. As such, according to the settlement method, the Plaintiff is seeking to implement the procedure for ownership transfer registration with respect to 1/2 shares of the instant real estate.

If the defendant does not settle the accounts by the above method, it is possible to settle the accounts by paying KRW 50 million equivalent to KRW 1/2 of the current market price of the above real estate. Thus, the plaintiff seeks first payment of KRW 100 million out of the above KRW 550 million.

2. First of all, we examine whether the Plaintiff entered into a partnership agreement with the Defendant’s husband D around May 2007 to purchase and sell the instant land on the ground and to distribute profits half by newly constructing and selling a house on the ground.

The plaintiff is the defendant or D, only on the basis of evidence Nos. 3, 4, 8, 9, 11, evidence Nos. 1, 2, 11, and 16 (including paper numbers; hereinafter the same shall apply).

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