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(영문) 울산지방법원 2014.05.23 2013가단25711
소유권이전등기
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. A. Around April 2005, the Defendant purchased the Defendant’s KRW 540 million and KRW 220 million and KRW 41455 square meters of forest C in Ulsan-gun, Ulsan-gun (hereinafter “pre-division”) under the Defendant’s name by bearing the Defendant’s burden of KRW 540 million and KRW 220 million between E and E, and agreed to determine the respective shares of shares as Defendant 2/3 and E1/3 when the Defendant disposes of C forest land before subdivision, and to distribute the profit in proportion to the ratio of shares after disposing of it (hereinafter “the first agreement”).

B. Under the above agreement, on April 8, 2005, the Defendant acquired 41305/41455 shares of C forest land prior to subdivision. On the same day, E acquired the right to collateral security (the maximum debt amount) as to B’s share in forest land as above.

C. The Defendant and E need to have access roads to C forest before subdivision and invested KRW 140 million from F, and are called G forest in Ulsan-gun, Ulsan-gun, Ulsan-do (hereinafter referred to as “G forest before subdivision”). The said forest was divided into KRW 2374 square meters of H forest and 2374 square meters of forest and 2585 square meters of I forest and 696 square meters of G forest and 696 square meters of forest; hereinafter the said forest was purchased 4467/66 of 760 of the JJ’s share in H forest, I forest, and Subdivision after the division, but the right to collateral security was established on March 30, 2005, while the right to collateral security was owned in the future.

Since then, F sought the return of the investment amount, the Defendant received the investment amount from D and returned the F’s investment amount. On May 24, 2005, the Defendant and D entered into an agreement with D as follows (hereinafter the instant agreement). On the same day, E transferred F’s right to collateral security on G forest before the split-off to D, and E withdraws from the primary contractual relationship with the Defendant having returned the investment amount.

(1) As to the sales contract of forest land C before the division (including G forest land before the division), the following shares shall be invested in the amount of KRW 900,000,000,000, including the sales amount

㈎ 피고 : 2/3지분 ㈏ E : 1/3지분 ㈐ D : 피고의 지분...

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