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(영문) 수원지방법원 안양지원 2018.06.21 2018가단102285
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Around February 21, 2014, the Plaintiff, the Defendant, and Nonparty D entered into an investment agreement relating to the purchase of 350 square meters among the land of Overcheon-si (hereinafter “instant investment agreement”) and written the following investment confirmations:

The defendant of the written confirmation of loans and shares due to the purchase of Overcheon-si C: B: C above (A, B, and C) shall have the same joint responsibility for loans and interest accrued from the purchase of the land of Overcheon-si C (350 square - 1 square x 2,000,000) and the following interest, etc.; and in principle, expenses incurred in the purchase of the land, such as down payment, interest, registration tax, establishment tax, public charges/public charges/public charges/public charges/public charges, etc., shall be treated as official installment savings in the profit.

At all times, at the time of sale (sale) of the land purchased above, information is exchanged and entered into with each other, and profits generated therefrom (sale proceeds) shall be allocated by A 60% out of the total profits by options arising from attracting and enforcing initial investments, and both B and C shall be distributed in 20%, respectively.

These matters are determined by mutual agreement, and they do not raise any objection.

P.S. B and C shall pay interest on 500 million won until sale at 150 square meters.

Provided, That interest expenses shall be disposed of on duty.

After that, the Plaintiff, Defendant, and D purchased 1,653 square meters out of the above land (hereinafter “the instant land”) and completed the registration of transfer in the name of the Defendant on the ground that the Plaintiff, Defendant, and D would not sell the land without purchase of 1,653 square meters, which is not 350 square meters.

Of the purchase price of the instant land, the remainder of purchase price, acquisition tax, registration tax, and survey expenses, excluding KRW 80 million loaned under the name of the Defendant, were borne by the Defendant, and the Plaintiff and Defendant D shared interest on KRW 80 million loaned under the name of the Defendant. -

However, on December 12, 2016, the Plaintiff’s share in the instant investment agreement to Defendant and D, as it is difficult for the Plaintiff to pay the said interest any more.

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