(영문) 인천지방법원 2012.11.16 2011가합19030

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(영문) 인천지방법원 2012.11.16 2011가합19030

지분이전등기

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The fact that the plaintiff and the defendant entered into a business contract with the plaintiff and the defendant jointly purchase the D factory site at Ansan-si around October 1992 (the change to the real estate in this case by a replotting disposition following the division and rearrangement on August 17, 1993) and divide profits, there is no dispute between the parties.

(hereinafter “instant trade agreement”). 2. The parties’ assertion

A. The Plaintiff’s assertion violated the instant agreement, such as where the Defendant borrowed the instant real estate as collateral without any consultation with the Plaintiff and did not settle the profits therefrom, and thus, the Plaintiff terminated the instant agreement through the content certification or the instant complaint on July 27, 2011.

Therefore, the defendant shall pay to the plaintiff the 11/25 share of the real estate of this case in proportion to the amount of the plaintiff's investment in the liquidation of partnership relations. ② The plaintiff shall pay the 100,000,000 won which the plaintiff had not received during the period. ③ The amount of monthly rent of the real estate of this case shall be paid the 1,320,000 won which is equivalent to the plaintiff's share of the 3,00,000 won until the registration procedure for transfer of ownership of the real estate of this case is completed

B. The Defendant’s assertion that all of the Plaintiff’s share under the partnership agreement was renounced.

3. Determination as to whether to waive shares

A. According to the facts of recognition, Gap evidence Nos. 2, 5, Eul evidence Nos. 1, 2, and 3 and the purport of the whole pleadings, in order to secure the debt of the loan of this case from E on May 26, 1995 (hereinafter "the loan of this case"), the plaintiff borrowed 60 million won from E on May 26, 1995 (hereinafter "the loan of this case") and set the maximum debt amount of the real estate of this case, the mortgagee, E, and the debtor, and the plaintiff agreed to transfer the plaintiff's share of this case to the defendant and waive all rights where the plaintiff fails to repay the debt of this case to the defendant within six months on May 25, 1995.

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