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(영문) 창원지방법원 2016.07.27 2016가단2171
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, E, D, F, and G (hereinafter referred to as “existing four partners”) with the Plaintiff and D, etc. shall build a new building on the ground of 1154m2 (hereinafter referred to as “instant land”) in Kimhae-si and operate a main center (hereinafter referred to as “instant project”). On April 16, 2014, the Plaintiff and E, D, F, and G (hereinafter referred to as “existing partners”) have completed the registration of ownership transfer on May 30, 2014 by purchasing the instant land.

After July 15, 2014, part of the shares of plaintiffs, D, and F were transferred to E and G, and the plaintiff's shares became 630/350.

In October 2104, the Plaintiff and existing partners reversed a partnership agreement and decided to sell the instant land.

B. On February 27, 2015, the Plaintiff of the instant sales contract proposed I and J as the introduction of H around February 27, 2015, to purchase the instant land, and J concluded a contract with the Plaintiff and its existing partners to purchase the instant land on April 1, 2015 on the following terms:

(hereinafter “instant sales contract”). Sales proceeds: 2,870,000,000 won: Payment date of down payment: 200,000,000 won until April 1, 2015; and special agreement of KRW 2,670,00,000 until April 28, 2015: the buyer later changes the contract into the name of the corporation at the time of incorporation.

C. On April 2, 2015, J established a defendant corporation, and completed the registration of ownership transfer in the name of the defendant on April 24, 2015 according to the terms and conditions of the instant sales contract.

On April 24, 2015, the Plaintiff paid KRW 300,000 to the Defendant’s account.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4, and 5, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff 1 and its existing partners decided to sell the land of this case because it is difficult for them to carry on their business, but the plaintiff is willing to attract other investors and continue their business.

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