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1. As to the Plaintiff’s portion of each real estate listed in [Attachment] Nos. 1 to 7, and Defendant B’s share of 1/2, respectively,
Reasons
1. Facts of recognition;
A. The status of the party is 1) Plaintiff, D (the mother of Defendant C), E, Defendant B (hereinafter referred to as “D, E, and Defendant B”)
(C) On April 17, 2014, each of the instant real estate listed in paragraphs 1 through 7 of the attached Table 1 (hereinafter referred to as “instant real estate”) is subject to a loan of KRW 1 billion from a financial institution and a loan of KRW 75 million from a financial institution.
After the joint purchase of the real estate, the registration of ownership transfer for each one-half share in the name of Defendant B and D, and the lease of the real estate in this case to the effect that the lease of the real estate in this case would have been divided according to its equity ratio (Evidence A 1; hereinafter referred to as the “instant partnership agreement”).
(2) On April 18, 2014, the instant real estate purchased the instant real estate in accordance with the instant business agreement, and on April 18, 2014, the said 4 completed the registration of ownership transfer under the name of the Defendants with respect to each of the instant real estate, and on the same day, the joint collateral security was created, which is 1.2 billion won with respect to the instant real estate, to guarantee the repayment of loans of KRW 1 billion with respect to the instant real estate, the obligor, Defendant B, and Daegu Bank Co., Ltd. (hereinafter “Tgu Bank”).
Article 271(1) of the Civil Act provides that "if several persons own an article as a partnership by the provision of law or contract, the right of a partner shall be owned in full." Article 704 of the Civil Act provides that "the contribution of a partner and the other property of a partnership shall be owned jointly by the partnership." Thus, if a partnership aimed at operating a business as a partnership or as a partnership's property acquired the ownership of an article as a partnership's property, it shall naturally be owned by the partnership's property pursuant to Article 271(1) of the Civil Act, but this shall not be related to "acquisition of a real right under Article 187 of the Civil Act."
Therefore, if a partnership acquires real estate by a juristic act, the registration of ownership transfer.