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(영문) 서울중앙지방법원 2017.04.19 2014가합25172
합유지분반환
Text

1. The Defendants: KRW 47,843,023; KRW 33,034,468; KRW 33,034,468; and KRW 33,034,468; and each of the said money to Plaintiff C.

Reasons

1. Basic facts

A. The Defendants and the Defendants completed each registration of ownership transfer (hereinafter “instant joint ownership registration”) based on each of the real estate listed in the separate sheet (hereinafter “instant real estate”) from September 19, 1968 to May 1969, as to each of the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. The deceased L died on February 9, 1983, and the Plaintiffs, the sole heir, on April 15, 2014, agreed on the share of inheritance to inherit the right to the instant real estate as the share of Plaintiff A, Plaintiff B, Plaintiff B, and Plaintiff C, as the share of 29/100.

C. The network M was deceased on February 7, 1998; the network N on September 26, 2001; the networkO on October 26, 1992; and the network P on July 8, 1989.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 12, and 17 (including numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. Summary of the plaintiffs' assertion

A. The Deceased and the Defendants are in a partnership relationship, and they die and withdraw from the partnership. As such, the Defendants, the remaining members of the association, are obliged to pay the residual property of the association to the Plaintiffs, who are the deceased’s successors, according to the net equity ratio and their respective inheritance shares.

B. The Defendants are obligated to pay to the Plaintiffs the amount calculated by applying the net L/C equity ratio of KRW 1/13 and the respective inheritance shares of the Plaintiffs as of July 30, 2015, which is the point of time of appraisal by appraiser Q, to the Plaintiffs as of July 30, 2015 (i.e., KRW 7,80,617,200 x 1/13 x 42/100 x 1/100 x 7,800,613,617,200 x 1/13 x 1/13 x 13 x 1/13 x 29/100 x 174,013 x 29/100 x 7,80,617,617 x 200 x 1/130 x 29/100 x 29/10).

3. Determination

A. 1) The existence of the right to claim the return of equity in the partnership's property and the occurrence of the right to claim the return of equity is deceased in the partnership which is a partnership under civil law.

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