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(영문) 광주지방법원순천지원 2017.06.13 2015가단79724
분담금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The following facts may be acknowledged as either a dispute between the parties or in full view of the entries in Gap evidence Nos. 1 and 2 and the purport of all pleadings.

From December 14, 2000, the Plaintiff, the Defendant (the third sloping of the Plaintiff), and the Nonparty C (the fifth son of the Plaintiff) owned 5,530 square meters of D orchard 5,530 square meters (hereinafter “instant land”) as one-third shares, respectively.

B. The instant land is currently divided into: (a) 4,121 square meters in the D miscellaneous land in the netcheon-si; (b) 523 square meters in the E warehouse site in the netcheon-si; (c) 13 square meters in the net City-si road; and (d) 732 square meters in G orchard in the net City-si.

C. On December 31, 2009, the Plaintiff sold his/her share in the instant land to H, and completed the registration of ownership transfer with respect to 1/3 shares in H.

2. Judgment on the main claim

A. The plaintiff's assertion 1) on March 2004, the plaintiff agreed with the defendant and the non-party C to share rent profits by creating the land of this case as "the site for high water collection and agricultural products storage". The plaintiff agreed to share one-third of the cost for the alteration of the form and quality necessary for the construction of the site, development costs, and one-third of each of the development costs. The plaintiff asserted that the plaintiff shall pay 407,632,320 won for the alteration of the form and quality of the land of this case from July 2004 to October 201 (the excavation cost of this case 7,822,000 won for boundary restoration surveying, 1,185,80 won for E site formation cost 213,730,000 won for E site creation cost 45,740,000 won for E ground-building construction cost x 520 won x 750,500,000 won for the purchase cost of building stones x 300,13000,400.7 won

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