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(영문) 부산고등법원(창원) 2019.11.21 2018나12011
손해배상(기)
Text

1. The part against Defendant B of the judgment of the court of first instance, which corresponds to the following amount ordered to be paid.

Reasons

1. Basic facts

A. The Plaintiff and Defendant B’s real estate investment business and their shares were adjusted 1) from around 2005 to the Plaintiff, and the Plaintiff was engaged in the real estate investment business that distributes profits according to the ratio of the purchase price apportioned by each of the following persons, after purchasing real estate jointly with Defendant B and I, and then selling the difference. In that process, the registered name was jointly owned by the said three persons or one of the said three persons was solely owned by one of the said three persons. (2) The Plaintiff, Defendant B and I decided to register shares according to the ratio of the purchase price apportioned by each of the following persons with regard to the real estate listed in attached Forms 2 through 4, which were purchased in the course of real estate investment business as mentioned above and registered in the Plaintiff’s name. In addition, on November 15, 2016, the Plaintiff and Defendant B entered into a sales contract with the Plaintiff in accordance with the agreement on transfer of the shares imposed on the Plaintiff at the time of the transfer of the shares to the Plaintiff.

3) Accordingly, on November 18, 2016, the Plaintiff completed the registration of ownership transfer in the name of Defendant B with respect to the 1/2 shares of the real estate listed in the separate sheet No. 1 as of November 18, 2016. On November 17, 2016, the same day or the preceding day, the Plaintiff completed the registration of ownership transfer for the 1/3 through 1/2 shares of the real estate listed in the separate sheet No. 2-4 as of November 17, 2016, Defendant B, a child of Defendant B, C, and D at the request of Defendant B, and the specific details are as listed below [Attachment 1]. [Attachment 1]

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