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(영문) 서울고등법원 2018.08.31 2018나2016858
공동투자 해소에 따른 지분반환 청구
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant had been in the interest relationship from August 2004 to November 201, 2016.

B. On October 27, 2008, the Defendant-friendly job offering C indicated the sales contract (Evidence A 2-2) on the land of this case in which the purchase price of KRW 375 million is KRW 36 million between the Plaintiff and the F, Andong-si and KRW 1564 square meters and KRW 350 square meters prior to E (hereinafter “instant land”). However, in light of the entries in the evidence No. 3, No. 7-2, and No. 2-2, and the result of the Defendant’s personal examination, it appears that the Defendant purchased KRW 375 million in consideration of the following: (a) the sales contract on the land of this case (Evidence A-2-2).

the purchase contract was entered into.

On Nov. 10, 2008, the Plaintiff, in the name of G, his spouse, remitted the total of KRW 194.5 million to C in terms of expenses, such as acquisition tax and registration tax, etc. on Nov. 27, 2008, as the purchase price of the instant land, and KRW 19.5 million in terms of expenses, such as acquisition tax and registration tax, etc. on Nov. 27, 2008, and the Defendant provided the remainder of the purchase price and expenses to C.

C. As to the instant land, the registration of transfer of ownership was completed on November 12, 2008, and the registration of transfer of ownership was completed on October 27, 2008, and ② on February 23, 2010, the Defendant: (a) on February 23, 2010, the provisional registration of transfer of ownership based on the reservation was completed on February 22, 2010; and (b) on December 7, 2010, the registration of transfer of ownership was completed on November 29, 2010.

C did not receive any consideration from the Defendant by completing the provisional registration and the registration of transfer of ownership on the instant land in the future of the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 7, Eul evidence Nos. 1 and 2 (including each number), the result of the personal examination of the defendant of this court and the purport of the whole pleadings

2. The plaintiff's assertion

A. 1 Plaintiff, a primary cause of claim, upon the Defendant’s recommendation, has entered into a partnership agreement with the Defendant to jointly invest and purchase the instant land, and dispose of it and return the amount equivalent to 1/2 of the price, and on November 2008, the Defendant.

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