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(영문) 제주지방법원 2017.05.29 2016가단4449
소유권이전등기말소등
Text

1. The plaintiffs' action against the defendant I is dismissed.

2. The plaintiffs' claims against the defendant J are dismissed.

3...

Reasons

1. Basic facts

A. On February 209, Plaintiff H, net L, M, N, P, and Defendant J concluded a partnership agreement with Defendant J’s husband and a licensed real estate agent to purchase real estate at auction and divide it and jointly operate the business of raising revenues by selling it after creating it as a housing site (hereinafter “instant partnership agreement”).

The total amount of investment in the instant association was KRW 1,200,000, M and N00, KRW 250,000,000 each, KRW 50,000,000 by Defendant J, KRW 280,000,00 by Defendant J, KRW 70,000 by P, and KRW 50,00,000 by Plaintiff H, and KRW 250,00,00 by net L.

B. On February 17, 2009, Plaintiff H, net L, M, N, P, and Defendant J received a successful bid in KRW 1,077,342,00,00 for S Forest land 40,713 square meters (hereinafter “instant forest”) at Jeju District Court, the object of the auction of real estate rent, in Jeju District Court,

C. After that, on March 19, 2009, Plaintiff H, L, M, N, P, and Defendant J completed the registration of transfer of ownership as to the instant forest M, N 5/24, net L4/24, Defendant J 7/24, P, P, P, P, and Plaintiff H 1/24 shares due to the sale of the instant forest due to voluntary auction. After that, the instant forest was divided and completed the registration of transfer of ownership as to the instant forest divided on May 7, 2009 and August 13, 2009, for the co-owned property partition, L, M, N,O, P, and Defendant J solely completed the registration of transfer of ownership on the ground of the co-owned property partition. Defendant J completed the registration of transfer of ownership as to the instant real estate divided from the instant forest on February 8, 2012 (hereinafter “instant real estate”).

After December 6, 2012, Defendant J sold the instant real estate to Defendant I and completed the ownership transfer registration on December 7, 2012 (hereinafter “instant ownership transfer registration”).

On the other hand, the current status of the partnership's property, among the partnership property registered in the name of each member, sold to a third party, is as shown in the attached real estate list.

M, N, andO are the Jeju District Court on April 4, 2012 on the ground of withdrawal from partnership against the deceased L, Defendant J, P, and Plaintiff H.

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