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(영문) 의정부지방법원고양지원 2015.01.15 2013가단505136
지분이전등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs' assertion

A. On May 24, 1996, the Plaintiffs and nine persons of H, I, J, K, L, M, and N (Defendant F) entered into a partnership agreement with approximately 147 households and multi-households and commercial buildings on two parcels, including the Goyang-gu O, Yongsan-gu, and Goyang-gu, and the Multi-households and commercial buildings, and then divide profits accrued from the sale of the buildings in lots.

(b) The agreement of the same trade in this case is collectively referred to even after the change is made.

In accordance with the instant business agreement, the said partners divided the said land into nine parcels, including the land on which 250 square meters was located, in order to divide and divide the said land into the land of Sinyang-gu Pream-gu, Incheon Metropolitan City, and completed a written certificate on the instant business agreement.

C. After that, Q, M, and Defendant F, from among the above partners, withdrawn after the settlement of shares, and the remaining partners and L, J, Defendant D, and E agreed to divide profits on October 30, 199 and to register the transfer of ownership to the partners or persons designated by the partners regarding each of the above land divided and merged.

The above partners, including the plaintiffs, newly built multi-household housing within each of the above lands, and multi-household housing was sold to third parties after completing necessary road construction and completed the registration of ownership transfer.

However, each land listed in the attached list, which is a road site, was not sold separately, and the land of this case was registered in the name of J as Defendant C and the land of this case for Defendant C and the land of this case 3, Defendant E and the land of this case 5, Defendant F and the land of this case 6 were registered in the name of J.

E. Meanwhile, on February 20, 2001, J died at the same time as R, a spouse, and on the other hand, S and Defendant G jointly succeeded to the said J.

F. Six of the above partners, including the plaintiffs, are partners of a partnership under the Civil Act, and each of the land of this case, which is the business site of the instant partnership agreement, is the joint property of the said partnership (hereinafter “instant partnership”). However, it was registered in the name of the defendants, and it was trusted in trust to the defendants.

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