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(영문) 서울남부지방법원 2019.11.21 2019가합109880
지료청구
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On June 5, 2006, the original Defendant entered into a partnership business agreement (hereinafter “instant partnership business agreement”) with the content of carrying out a new high-class house project (hereinafter “instant project”) on each land listed in the attached list 1 through 3 of the attached Table, and purchased each of the above land on the same day and completed the registration of ownership transfer with respect to each of the above 1/2 shares.

B. On July 19, 2006, the Defendant borrowed 2 billion won from the C Association (hereinafter “C Association”) to use as the instant business fund, and completed the registration of creation of mortgage over the maximum debt amount of 2.8 billion won with each of the above lands as joint collateral.

(hereinafter “instant collateral security”). C.

The original Defendant newly constructed a building listed in attached Tables 3 through 7 (hereinafter “multi-household house in this case”) in the land listed in attached Tables 1 and 2 (hereinafter “instant land”), which is an aggregate building, on November 26, 2008. On the same day, the registration of ownership preservation for each of 1/2 shares of the instant multi-household house was completed, and the ownership registration corresponding to the area of each section for exclusive use of the instant multi-household house is completed.

The original Defendant agreed to terminate the instant partnership agreement on December 2, 2008.

On December 2, 2008, the Plaintiff completed the registration of ownership transfer for 1/2 shares owned by the Defendant among multi-household houses in this case. On the same day, the Defendant completed the registration of ownership transfer for 1/2 shares owned by the Plaintiff among the land listed in attached Table 3.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 2, Eul evidence 2, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Defendant solely owns the instant multi-household house from December 2, 2008 to December 2, 2008.

However, since 1/2 of the instant land remains as owned by the Plaintiff, the Defendant is obligated to pay the Plaintiff land usage fees calculated at the rate of KRW 1,000,000 per month from December 2, 2008.

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