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(영문) 수원지방법원안산지원 2012.07.25 2011가단12439
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. 1) The Plaintiff and the Defendant from Sep. 14, 2004, the land of this case is about 32978 square meters of D forest land in Sung-si (around 9,976 square meters, hereinafter “instant land”).

(2) On October 30, 2004, the Plaintiff and the Defendant jointly deposited an intermediate payment of KRW 400 million around November 1, 2004, on the instant land, and jointly applied for the injunction against disposal by jointly filing a claim for ownership transfer registration on the instant land as a preserved right, by having the Defendant jointly filed a claim for ownership transfer registration on September 14, 2004 as a preserved right.

3) The Plaintiff resells part of the shares of the instant land to E, F, and G prior to the registration of ownership transfer. Accordingly, there was five actual co-owners of the instant land (Plaintiff, Defendant, E, F, and G). However, in relation to the land transaction permission, there was a plan to make the Plaintiff a sole purchaser. On April 11, 2005, the above five parties prepared a “a letter of agreement on undisclosed association” with the following contents, and received notarial deeds (No. 2987 of the Ministry of Environment No. 2987 of the Ministry of Foreign Affairs, the Ministry of Foreign Affairs, etc.) (No. 2005). The above five parties agreed to jointly purchase the instant land from C with the following agreement in purchasing KRW 1 billion from C: ① KRW 4576 (45.87%) and ② 300.70% (307.79%) and 907% (5.79%) of the total amount of 97%).

The registration title of the land of this case shall be the plaintiff, but the plaintiff shall manage the land of this case with due care as a good manager.

The above five persons are obligated with rights and obligations with the share ratio as to the land of this case.

With respect to various public charges imposed on the land of this case, the said share ratio.

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