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(영문) 수원지방법원 2015.07.09 2013나37583
공유물분할
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff and the Defendant jointly owned shares of C and D on April 12, 2004 each 1/2 shares of each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) on which registration of initial ownership was completed, and completed the registration of ownership transfer by sharing shares of C on the grounds of sale as of October 11, 2004 as of the shares of D on November 12, 2004, and as of the shares of C on April 15, 2005 on the grounds of sale as of March 15, 2005.

B. The Plaintiff asserted against the Defendant that the Defendant purchased each of the instant real estate in Suwon District Court KRW 500 million, while the Plaintiff voluntarily received KRW 650 million from the Plaintiff by making a false statement that the purchase price was KRW 1.3 billion, and that he had not been paid KRW 650 million. The Plaintiff filed a principal lawsuit (209Gahap6793), claiming the payment of KRW 400 million (650 million - KRW 1/2500 of the actual purchase price), and against this, the Defendant filed a claim against the Plaintiff for the remainder of KRW 250 million (2.5 billion of the purchase price for KRW 1/2 of the instant real estate, 500,000,000,000,000 for KRW 1.5 billion of the purchase price for each of the instant real estate in which the Plaintiff decided to purchase, and that the Plaintiff did not additionally claim for the payment of KRW 1.5 billion of the remainder of the purchase price for KRW 1.5 billion of the instant real estate in his name.

C. On July 8, 2010, the Suwon District Court held that the sales price of each real estate of this case was not KRW 1.3 billion but KRW 500 million.

The Plaintiff’s share of 1/2 of each real estate of this case.

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