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(영문) 수원지방법원 2017.05.26 2016가합73937
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On July 10, 2007, Defendant B entered into a joint purchase agreement on each of the real estate listed in [Attachment D] Nos. 1, 1, 2007 and the real estate listed in Attached List No. 2 (hereinafter “instant building”) as follows, and Defendant C jointly and severally guaranteed the above joint purchase agreement.

(hereinafter “instant joint purchase agreement”). Article 2 (Purchase Method) D and Defendant B shall acquire the instant building through a joint bid at the court auction on July 26, 2007.

Article 3 (Purpose of Joint Purchase of Real Estate) The sale and purchase of real estate, or the exchange of real estate, within 12 months after joint acquisition thereof.

§ 4(1) The obligations of D shall be released from the purchase of the lien of the instant building (1,400,000,000 won, E) (Provided, That they are irrelevant to the result of the lawsuit establishing the lien).

(2) Defendant B’s obligation is offered at a bid of at least 600,000,000 won for the auction bid price and pays the sales expenses, etc. for the down payment and remainder registration.

section 5 (Registration Name). The holder of the successful bid and the holder of the ownership registration shall be the defendant B.

(Provided, however, at the request of D, immediately after the registration of a joint name or the establishment of a collateral security). The ownership shares of Section 6 (each of the Ownership Shares) shall be 50 per cent per cent of D and 50 per cent of Defendant B.

(Provided, That only loans shall be apportioned at the same rate after deducting the loans at the time of sale)

1. After purchase, the defendant B shall manage the goodwill;

2. The business period of Defendant B shall be 12 months;

3. A business operator shall bear all of taxes, public charges, and facility maintenance expenses incurred during the business period;

4. No non-business operator shall participate in any business operator's business other than monthly dividends during a business period (from September 1, 2007 to August 30, 2008).

5. The proprietor shall pay 3,00,000 won each month to non-business operators up to 12 months before and after the 13-month period, and shall be determined by an agreement.

Article 8 (Prohibited Matters) Defendant B shall, without consent of D, conduct the building in this case.

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