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(영문) 대구고등법원 2019.09.20 2019나21508
소유권보존등기의말소에대한 동의 청구의소
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1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

Basic Facts

F is a person who was an owner of a building of 231 square meters in Seoul Special Metropolitan City, Ulsan-gun Mlux (hereinafter “Mlux”) and its ground, I large 175 square meters, J large 16 square meters. The Plaintiff and E are those who jointly purchased each of the above real estate from F and jointly run accommodation business, etc.

On March 20, 2013, the Plaintiff and E purchased G large 231 square meters and its ground buildings from F and completed the registration of ownership transfer on May 14, 2013, each 1/2 equity, respectively. From May 6, 2013, the Plaintiff and E jointly operated accommodation and restaurant business with the trade name “HMoel” in the above ground building.

F Around May 2013, around May 2013, F drafted a written consent to land use with the purport that “G large 231 square meters, I large 175 square meters, J large 16 square meters shall consent to F’s ownership or construction activities conducted by E by the owner of the building.”

E On May 30, 2013, the head of Ulsan Gun filed an application for a building permit with the owner of the building as one E, and submitted a written consent to the use of the above land simultaneously upon filing an application for a new construction permit to build a lodging facility of five stories above the ground level above the ground level below the above three parcels, and obtained a building permit from the head of Ulsan Gun on June 7, 2013 (hereinafter “instant building permit”).

The indication of the Plaintiff’s workplace which is a Dong business;

1. Location: The trade name outside the Halle-gun G: Helel; and

2. Location: E and the plaintiff enter into a partnership agreement (hereinafter referred to as the "contract") for a joint business with respect to each place of business indicated above, as follows, in order to carry out the joint business with respect to the Neung-gun building part of Neung-gun.

Article 1 (Purpose) The purpose of this Agreement is to promote mutual benefits by jointly operating each of the above workplaces.

Article 2 (Representative, Management, etc.) The representatives of each of the above workplaces shall be E, and all management shall be jointly conducted by E and the plaintiff.

Article 3 (Liability) All the expenses required for each of the above workplaces shall be borne in principle by E and the Plaintiff in half.

(E) Of all the proceeds of each workplace mentioned in Article 4 (Distribution of Benefits), the principal and interest of the obligations to creditors borne by the plaintiff shall be borne by the plaintiff.

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