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(영문) 서울북부지방법원 2016.10.06 2014가합7388
소유권이전등기
Text

1. The Defendant (Counterclaim Plaintiff) receives KRW 36,179,357 from the Plaintiff (Counterclaim Defendant) simultaneously.

Reasons

1. Basic facts

A. On December 30, 2005, the Plaintiff and Defendant B, among the 3,477 square meters of D forest land in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City on December 30, 2005, became a 1,138 square meters [the above 1,138 square meters portion was divided and the E station site in Seoul Special Metropolitan City, Nowon-gu (attached Form No. 1) was set up.

hereinafter referred to as “instant land”

【The registration of ownership transfer in the name of Defendant C is the registration of ownership transfer in the name of Defendant B(hereinafter “the registration of ownership transfer in the name of Defendant B”) under No. 45075 on July 7, 2006 by purchasing KRW 4.320 million from Defendant C and purchasing KRW 4.320 million.

(2) On January 6, 2006, the Plaintiff agreed with Defendant B to jointly operate the petroleum retail business in the name of “F station” in the instant land, and to distribute profits generated from the joint operation of the petroleum retail business to 50:50 (hereinafter the “instant partnership agreement”), thereby jointly investing funds necessary for the establishment and operation of the gas station.

3) The Plaintiff and Defendant B pursuant to the instant trade agreement, on the instant land pursuant to the instant trade agreement, shall be the real estate indicated on the facility of a gas station (attached Form No. 2; hereinafter “instant building”).

(1) On March 30, 2007, the registration of preservation of ownership in the name of Defendant B (hereinafter “registration of preservation of ownership in the case of this case”) under No. 43051 pertaining to each one/2 shares of the Seoul Northern District Court’s registration office received on March 30, 207.

(3) The Plaintiff and Defendant B’s joint name were registered and registered to operate the instant gas station (hereinafter referred to as “instant gas station”).

B. (B) The Plaintiff and Defendant B jointly operated the instant land. Around July 7, 2006, the registration of ownership transfer with respect to the instant land was completed, the instant land was newly constructed as a joint security and added to the instant land as a security.

GSKTex Co., Ltd (hereinafter “GSKT”) received a loan of KRW 3.4 billion, and around January 9, 2008, the instant land and buildings are offered as security 80 million from GSST.

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