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(영문) 의정부지방법원 2018.10.05 2016가합56431
공유물분할
Text

1. The Defendant withdraws from the partnership on September 5, 2017 with respect to 1/2 shares of each real estate listed in the separate sheet from the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s father C and the Defendant agreed to operate a driving range operation business (hereinafter “instant business”) by bearing one half of the costs around September 2002.

Pursuant to the above agreement, C and the defendant began to jointly purchase the land located in the Dluri-si, Macheon-si around October 2002.

B. The Plaintiff decided to participate in the instant project on behalf of C, and accordingly, the Plaintiff and the Defendant concluded a partnership agreement on the instant project (hereinafter “instant contract”) around May 2003.

C. After entering into the instant contract, the Plaintiff donated land necessary for the instant project from C or additionally acquired real estate jointly with the Defendant.

Accordingly, the plaintiff and the defendant shared 1/2 shares of each of the real estate listed in the separate sheet, and the details of the plaintiff's share acquisition are as follows.

On May 6, 2003, the reasons for acquiring the Plaintiff’s shares from the gift C on May 6, 2003, and the purport of the entire pleadings, as a whole, on July 11, 2004, of the attached list No. 4 of the E-Ground Building No. 4 of the attached Table No. 1 of the Attached Table No. 1 of the Reasons for acquiring the Plaintiff’s shares on May 6, 2003 from the gift C, and the entire purport of the pleadings, as shown in Section 2 of the Attached Table No. 3 of the Attached Table No. 3 of the Inheritance No. 1 of the Attached Table No. 1 of the Attached Table No. 4 of the E-Ground Building No. 1, 2004

2. The parties' assertion

A. The gist of the Plaintiff’s assertion expressed to the Defendant that the Plaintiff would withdraw from the partnership relationship under the instant contract. As such, the Defendant is obligated to pay to the Plaintiff KRW 3,327,429,384 equivalent to the Plaintiff’s 1/2 share in the union property pursuant to Articles 716 and 719 of the Civil Act and delay damages therefrom.

In addition, the plaintiff has the right to receive the same distribution as the defendant, and the defendant does not distribute the amount of KRW 1,575,000 out of the business revenue of this case.

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