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(영문) 수원지방법원여주지원 2017.05.30 2015가단1323
소유권이전등기
Text

1. The defendant's 44,733,33 won respectively and 37,33,333 won respectively among the plaintiffs and 6,000 won respectively.

Reasons

Facts of recognition

In around 2005, the defendant proposed that the plaintiffs and D jointly purchased each real estate listed in the attached list owned by the defendant's friendship E and obtain profits from the resale, and the plaintiffs and D accepted this and delegated the power of representation for the purchase to the defendant.

At the time, the plaintiffs were 1/3 of the purchase price, and the defendant and D were 1/6 each, and they were able to acquire the shares of real estate according to the share ratio of each own purchase price.

Around September 22, 2005, the Defendant purchased each real estate listed in the separate sheet from E on behalf of the Plaintiffs and D.

At the time, the Defendant informed the Plaintiffs that the purchase price was KRW 72 billion, and the Defendant received KRW 234 million from the Plaintiffs respectively and paid it to E.

And D paid 125,00,000 won directly to E according to the direction of the defendant.

The plaintiffs and the defendant completed the registration of ownership transfer as to 1/3 of shares of each real estate listed in the separate sheet on September 28, 2005, respectively.

On January 24, 2007, the defendant sold real estate listed in paragraph 4 of the attached list to F, and completed the registration of ownership transfer in F on January 31, 2007.

In addition, each of the purchase price received from F was paid to the plaintiffs KRW 13,000,000.

On May 18, 2008, the defendant sold the real estate listed in the separate sheet Nos. 1 through 3 to G on May 18, 2008, and completed the registration of ownership transfer in the future on June 19, 2008.

In addition, each of the purchase price received from G was paid KRW 88,600,000 to the plaintiffs.

D filed a lawsuit against the defendant for the payment of D's share out of the disposal price of the real estate stated in the attached Tables 5 through 10 among the real estate listed in the attached Tables 5 through 10, and the execution of the procedure for the registration of ownership transfer as to each share among the real estate listed in the attached Tables 1 through 4 of the same List. The judgment was rendered in favor of the defendant on December 9, 2014.

In addition, according to the above judgment, each share of the real estate listed in the attached list 5 to 10 on February 9, 2015 1.

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