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(영문) 춘천지방법원 2015.08.19 2014가합994
소유권이전말소등기 등
Text

1. The plaintiff's respective claims against the defendants are dismissed.

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

Reasons

1. Basic facts

A. A. Around May 2005, E made an agreement (hereinafter “instant investment agreement”) between F and F to dispose of a total of KRW 70 million and to allocate trading profits according to the investment ratio, and E invested KRW 200 million.

B. Accordingly, around June 2, 2005, E and F entered into a sales contract for the instant land with J, the owner of the instant land, and paid 70 million won for the same day as the down payment, 530 million won for the intermediate payment on August 9, 2005, and 100 million won for the remainder payment on December 27, 2005, respectively, and completed the registration of ownership transfer in the E’s name as to the instant land on December 27, 2005.

C. After that, on August 28, 2012, E sold the instant land to K (18/100 shares), L (18/100 shares), M (19/100 shares), and Defendant D (45/100 shares) with respect to the instant land, the ownership transfer registration was made in the name of the aforementioned person on August 30, 2012.

Meanwhile, as of August 30, 201 and August 11, 2011, Defendant C, who was the owner of Defendant D, owned 1/3 shares and 2/3 shares, owned ownership transfer registration on each of the instant real estate.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, 2, Gap evidence 5-1, 2, Gap evidence 11, Eul evidence 12, and the purport of the whole pleadings

2. The Plaintiff’s cause of the instant claim was the cause of the instant claim, and the Plaintiff jointly entered into the instant investment agreement. The Plaintiff invested KRW 20 million, F KRW 30 million, and E in each of the instant land. The instant investment agreement was terminated by E disposing of the instant land, and thereby E made an investment to the Plaintiff.

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