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(영문) 전주지방법원 2016.09.02 2015가합5186
소유권이전등기
Text

1. The defendant shall be the plaintiff.

(a) As regards shares of 71/100 of each of the real estate listed in the Schedule, Attached 1.

Reasons

The facts are: (a) around December 1981, the Plaintiff and the Defendant, including a title trust agreement between the Plaintiff and the Defendant, jointly purchased the 9,915 square meters of forest land D (hereinafter “instant land before the instant division”) in order to jointly title trust the Plaintiff’s shares to the Defendant (hereinafter “instant title trust agreement”).

Under the above agreement, the defendant entered into a contract with E to purchase the above land on February 1, 1982, and completed the registration of ownership transfer on February 3, 1982.

On October 11, 1999, the Defendant completed the registration of ownership transfer after dividing from the land prior to the instant subdivision to G by dividing the 604 square meters of forest Fanju-gun, Jeonbuk-gun into the land prior to the instant subdivision, and selling the said divided land to G.

After that, the remaining portion of the land prior to the instant partition, 9,311 square meters (i.e., 9,915 square meters - 604 square meters) was registered as the area of 9,938 square meters on November 3, 201 through a re-survey, and the relevant area was divided into each land listed in attached Table 1, from March 13, 2014 to March 27, 2015 (hereinafter collectively referred to as “each of the instant land”).

In around 2014, the Plaintiff and the Defendant, including the promotion of solar power generation projects, constructed solar power plants on each of the instant lands and jointly run solar power generation projects. The Defendant obtained permission from the competent authority on February 7, 2014, for solar power generation projects (hereinafter “instant solar power generation projects”) with the same content as the attached Form 2.

After that, the Plaintiff and the Defendant respectively paid KRW 183,40,00, and the Defendant paid KRW 129,142,200 to the Defendant for construction works of solar power plants, and completed solar power plants (hereinafter referred to as “solar power plants of this case”) by raising the cost by borrowing a total of KRW 530,000 from the National Bank in the name of the Defendant.

The defendant is related to the construction cost of the solar power plant of this case on April 16, 2015.

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