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(영문) 서울서부지방법원 2020.01.15 2019가단211679
정산금 등 청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. As to the buildings listed in the separate sheet (hereinafter “instant building”), registration of preservation of ownership was completed by the original Defendant, C, and D as co-owners of each of the 1/4 shares of equity on October 209, 154498, which was received on October 20, 2009 by the Goyang-gu District Court Goyang Branch of the Goyang Branch of the High Court.

Until the date of closing argument of this case, the original defendant is a co-owner of 1/4 shares.

B. On July 1, 2003, the original defendant completed the registration of the real estate rental business by making the location of the place of business of this case as the building of this case, and the detailed statement of shares by joint place of business of value-added tax has 25% and the defendant has 75% shares.

[Ground of Recognition] Unsatisfy, Gap evidence 1-3, Gap evidence 5, and 8

2. The assertion and judgment

A. The Plaintiff’s assertion 1) As seen above, in light of the fact that the Plaintiff 25% and the Defendant 75% shares in each joint business proprietor of value-added tax and completed business registration for real estate lease business, the Defendant can confirm the fact that he/she agreed to pay the Plaintiff 25% profit instead of being in charge of managing the building of this case. As such, the Defendant is obligated to pay the Plaintiff the settlement amount of 12,324,147 won and delay damages equivalent to 25% of the lease profit from July 1, 2009 to December 31, 2018, the Defendant is obligated to pay the Plaintiff 128,081,036 won and delay damages equivalent to 25% of the settlement profit from the building of this case. 2) Even if such agreement is not acknowledged, the Defendant, one of the co-owners, is taking exclusive possession of and using the building of this case, and the Plaintiff did not use and make profits at all.

B. On July 1, 2003, the fact that the original defendant filed a judgment on the claim for settlement of accounts with 25% of the Plaintiff’s share in the building of this case and 75% of the Defendant’s share in the real estate lease business is completed jointly is as seen earlier.

(b).

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