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(영문) 대전지방법원 2015.09.23 2014가합7463
구상금
Text

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

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

Reasons

Basic Facts

The plaintiff, the defendant C, the defendant D, and E jointly bear the purchase fund, and purchase shares of I among the land F, G, and H in Daejeon E-gu and sell profits again and distribute profits by selling them.

Accordingly, around March 15, 2004, the Plaintiff, Defendant C, Defendant D, and E purchased each of the above land shares from I in the purchase price of KRW 340 million, and completed the registration of transfer of ownership in the name of the J as to the Daejeon P, Defendant D, and J as to each of the above land, and the registration of transfer of ownership was completed in the name of the J as to the land G, and sold it again to K, etc.

However, the plaintiff, defendant C, defendant D and E are above A.

In order to sell each land purchased in installments as described in the paragraph, it was necessary to purchase the co-owned share and its neighboring land from the owners of the land in co-ownership relationship with the said I.

Accordingly, the Plaintiff and the Defendants (Defendant B newly participated in a partner) purchased the same together and agreed to sell the same again and distribute the marginal profits (hereinafter “instant partnership agreement”), and around 2005, they additionally purchased each land (hereinafter “each land of this case”) of the Daejeon Seosung-gu F, G, H among L, M shares, HN shares, HN shares, P, P, and Q (R ownership), and then sold them to S, etc. by dividing them.

【In the absence of dispute, the Plaintiff and the Defendants asserted the purport of the Plaintiff’s assertion of each of the Plaintiff’s evidence Nos. 8 and 19 (including each of the numbers of partial headings) and all of the pleadings. The Plaintiff and the Defendants purchased each of the instant land in accordance with the instant trade agreement, sold most of them to S, etc., and the association creditors related thereto paid the borrowed amount, etc., and actually completed all of their external duties under the trade agreement.

Therefore, the Plaintiff may claim for the distribution of residual property among the property of the same kind of business against the Defendants, who are its members, and the remaining property among the property of the same kind of business is the total profit of each land of this case.

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