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(영문) 대법원 2009. 11. 12. 선고 2009두12471 판결
공동사업자가 출자자별 소유권보존등기한 것이 출자지분의 현물반환인지 여부[국승]
Case Number of the immediately preceding lawsuit

Busan High Court 2009Nu1020 ( October 26, 2009)

Case Number of the previous trial

Review Division 2008-0039 (Law No. 28, 2008)

Title

Whether the preservation of ownership by joint businessman is a kind return of investment shares by investor;

Summary

Where it is recognized that the real estate rental business has been operated as a joint project, and each person's registration of preservation of ownership has been made by dividing the buildings thereafter, correcting the previous joint business operator's registration as a sole project, and at the same time, the joint property is divided and returned

The decision

The contents of the decision shall be the same as attached.

Text

The appeal shall be dismissed.

The costs of appeal are assessed against the plaintiff.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the assertion on the grounds of appeal by the appellant is clear that it falls under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal, and thus, the appeal is dismissed under Article 5 of the same Act. It is so decided as per Disposition by

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