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(영문) 울산지방법원 2016.11.29 2016가단1839
소유권이전등기
Text

1. For the Plaintiff (Appointed Party) and the Appointed Party:

A. Defendant B is 1/3.0 of the real estate listed in the separate sheet No. 1.

Reasons

1. Basic facts

A. Joint Investment Agreement between the Parties 1) The Plaintiff (Appointed Party) and the Appointors (hereinafter “Plaintiffs”) are referred to as “Plaintiffs”

() On June 5, 2015, Defendant B entered into an agreement with the purport of jointly purchasing 3,527 square meters among 4,519 square meters of D Forest land in Ulsan-gun, Ulsan-gun, Ulsan-do and dividing it into 6 lots, and distributing profits accruing from the sale of the land again with a building permit obtained (hereinafter “instant joint investment agreement”). As above, “the total land jointly purchased and divided as follows” is “the land,” and each land is referred to only as “E” or less.

2) According to the instant joint investment agreement, Plaintiff A and F invested each of KRW 160 million, Plaintiff G invested KRW 80 million, Defendant B invested KRW 320 million, and Plaintiff A followed specific land purchase and subdivision procedures.

B. From among D land divided into H and I, H land was divided into 3,527 square meters, H land was converted into 540 square meters of J forest and 2,92 square meters of K forest. J land was divided into J, L land, and K, M, N, andO land were divided into J, M, and K, N, and O land. 2) Defendant B completed the registration of ownership transfer on the ground of sale and purchase of J on June 30, 2015, and Defendant C, the spouse of the above Defendant, completed the registration of ownership transfer on the ground of sale and purchase of land as of Jun. 30, 2015. Defendant C, a spouse of the above Defendant, completed the registration of ownership transfer on the ground of K, M, N, andO’s share 600/2,988 (P’s share 300/2,98 and Q’s share 30/2,988).

C. On January 9, 2016, Defendant B and the Defendants agreed to withdraw from the instant joint investment agreement. The Plaintiffs and the Defendants agreed to the following (hereinafter “instant agreement”).

(1) Of H land transferred under Defendant B’s name, part of road 27 square meters (L) shall be refunded to the Plaintiffs.

(2) The sum of the share area of 600 square meters transferred in the name of Defendant C among the I land and approximately 411 square meters, shall be 1,011 square meters.

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