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(영문) 서울중앙지방법원 2015.07.15 2014가합39126
배당금 등
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

The summary of the instant case is: (a) the Plaintiff sought unjust enrichment based on the Plaintiff’s share after acquiring the Plaintiff’s share of co-ownership against the Defendants, the co-owners of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”); and (b) the Defendant C, who entered into a partnership business agreement with the Plaintiff, seeking the payment of dividends based on the share of the said business after concluding the partnership business agreement with the Plaintiff.

In fact, among the real estate listed in the separate list No. 1 of the title of each of the instant real estate in the list No. 61/1295, the ownership transfer registration was completed in Defendant B with respect to partial ownership transfer registration, and with respect to Defendant C and D with respect to each share 317/1295, the entire share transfer registration was completed in the future. However, E and F purchased the above share from D on July 11, 2009 and completed the entire share transfer registration in E and F on July 28, 2009 with respect to each share of 158.5/1295 on July 28, 2009, respectively. The Plaintiff and Dong C purchased the above share from F on November 16, 2009 and completed the entire share transfer registration in the future with respect to the Plaintiff on November 18, 2009 and thereafter, the Plaintiff purchased the share from the Plaintiff on September 25, 2010 after purchasing it from the Plaintiff on September 25, 2019, 20195.

Attached Form

Of the real estate listed in the list No. 2, the registration for partial transfer of ownership was completed in Defendant B with Defendant C regarding the registration for partial transfer of ownership and the registration for partial transfer of ownership in Defendant C with Defendant C regarding each share of 317/1295. However, the Plaintiff and G purchased the said shares from D on May 12, 2010 and completed the registration for full transfer of ownership in the future of Plaintiff and G with respect to each share of 158.5/1295 on May 18, 2010.

Attached Form

Of the real estate listed in the list No. 3, the registration of ownership transfer was completed in Defendant C and D with respect to 1/2 of each share of the real estate listed in the list No. 3. However, E and F purchased the said share from D on July 11, 2009 and completed the registration of entire share transfer in E and F on July 28, 2009.

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