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(영문) 창원지방법원 2015.01.22 2014가합33949
소유권이전등기
Text

1. The Plaintiff:

(a) Defendant B shall be the 13.4/100 shares out of the 1/2 shares of each real estate listed in Schedule 1 to Schedule 10;

Reasons

1. Basic facts

A. 1) The Plaintiff and the Defendants entered into a joint agreement with D on February 11, 2010 (hereinafter “instant land”) are the real estate listed in attached Table 1 subparag. 11 (hereinafter “instant land”).

7.7/1,126 shares among them, enter into a sales contract, and in accordance with it, the same year.

3. On November 1, 200, the Plaintiff and the Defendants completed the registration of ownership transfer with respect to each of the shares under the name of the Plaintiff and the Defendants.

2) After that, the Plaintiff and the Defendants decided to newly construct the instant building on the instant land. On March 1, 2012, they concluded a sales contract with E and F (the instant land) to sell part of the Plaintiff’s shares on the instant land jointly, and to sell new housing at the window E and F (the instant land), and agreed to the share ratio of all investments and profits to 1/3 equal, respectively, and registered as “G” on the same day. (B) On the other hand, on June 11, 2006, the Plaintiff entered into a joint business agreement with H, the wife of Defendant C, and I and the husband of Defendant B, the husband of Defendant C, to sell each part of the Plaintiff’s shares at KRW 6.4 million, respectively, and received all the purchase proceeds from H up to October 12, 2006, and from H up to December 27, 2006.

2) However, on April 17, 2012, the Plaintiff completed the registration of the establishment of a joint project with respect to the said land at the Nam Changwon Saemaul Depository, the maximum debt amount of which is KRW 65 million, and there was a dispute between the respective couple of the Defendants and each of the Defendants. The Plaintiff and the Defendants, on December 1, 2012, added to the contents of the joint project agreement identical to the said joint project agreement (hereinafter “instant joint project agreement”).

(C) The Defendants concluded a new joint project agreement on December 24, 2012, respectively. (3) At the time of the conclusion of the said initial joint project agreement, they newly built a new construction project on the instant land with the first floor and the fifth floor, multi-family housing and neighborhood living facilities with the fifth floor above the instant land (hereinafter “instant building”) to Hanra General Construction Co., Ltd., and thereafter on December 24, 2012.

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