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(영문) 울산지방법원 2021.02.04 2020가단106472
소유권이전등기
Text

The defendant's KRW 16,900,000 to the plaintiff and its related 5% per annum from November 11, 2020 to February 4, 2021.

Reasons

1. Basic facts

A. C and D have been accompanying the same workplace, and the plaintiff is the wife of C, and the defendant is the wife of D.

The Plaintiff and C (hereinafter referred to as “Plaintiff”) and the Defendant and D (hereinafter referred to as “Defendant side”) shall develop forests and fields in around 201 to operate a partnership business with the construction of electric source housing and sell them after the construction of the electric source housing. On March 3, 2011, the Plaintiff and C (hereinafter referred to as “Defendant”) purchased forest land of 58,405 square meters (hereinafter referred to as “E”) in total forest land of 55,969 square meters in F forest land, G forest land of 2,291 square meters in size, H forest land of 145 square meters in size in April 17, 201, and completed the registration of transfer of ownership in the name of the Plaintiff and the Defendant, one half of each of them.

B. The Plaintiff and the Defendant side purchased each of the instant real estate on January 18, 2012 and completed the registration of transfer of ownership in the name of the Defendant in order to secure access roads to forests and fields located in the said F and I.

On January 12, 2012, the Plaintiff remitted KRW 16,900,00 to the Defendant for the purchase of each real estate of this case.

(c)

around August 2018, the Defendant proposed that the Plaintiff sell F forest land 5,969 square meters and I forest land 53,554 square meters on the part of the Plaintiff, but the Plaintiff refused this. On November 27, 2018, the Defendant filed a lawsuit against the Plaintiff for the partition of the land jointly owned by this court against the Plaintiff.

Plaintiff

On January 9, 2019, the survey and the Defendant agreed to have the Plaintiff own forest 55,969 square meters, and the I forest 53,554 square meters registered in the name of the Defendant, and completed the registration of transfer of ownership on January 9, 2019, and thereafter, the said agreement was terminated.

On May 16, 2019, the Defendant withdrawn the lawsuit claiming partition of the article jointly owned at the end of 73111.

[Grounds for recognition] Gap's evidence Nos. 1 through 4, 6, 7, and 10, and the purport of the whole pleadings.

A. The plaintiff's primary assertion (1) Each of the real estate in this case is the same property as the partnership.

Plaintiff

The partnership agreement between the side and the defendant was terminated on May 16, 2019.

The remaining real estate, other than each of the instant real estate, among the property of the Dong business, shall be named respectively in the name of the Plaintiff and the Defendant.

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