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(영문) 수원지방법원 2016.10.27 2016나2151
지분환급대위
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The following facts do not conflict between the parties, or each entry in Gap evidence Nos. 1 and 2 may be admitted by integrating the whole purport of the pleadings:

The plaintiff filed a lawsuit against E with the Daejeon District Court as Seosan Branch 2009 Ghana2398, and on April 9, 2009, the above court decided to recommend performance that "E shall pay to the plaintiff 11,00,000 won with interest of 25% per annum from March 14, 1999 to April 24, 2009, and 20% per annum from the next day to the date of full payment." The above decision on recommendation was confirmed as is on May 9, 2009.

B. Meanwhile, the registration of ownership transfer was completed on November 1, 1961 with respect to the land of 5,094 square meters of D Forest land in Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “instant land”) under the name of Gohap E, J, and K on October 20, 1961, with respect to the registration of ownership transfer thereafter, the registration of ownership transfer was completed on May 11, 2007, the additional registration of ownership transfer was made on November 15, 2007, the additional registration of ownership transfer under the name of Gohap E and J on May 11, 2007, and the additional registration of ownership change made on May 10, 2007 by changing the name of each of the Defendants, E, and the Defendants of Gohap.

2. Determination on the cause of the claim

A. The plaintiff asserts that since the registration of the combination between E and the Defendants was completed with respect to the land of this case, the land of this case shall be deemed the partnership property of the association consisting of E and the Defendants, and the plaintiff, as the creditor of this case, expressed his intention of withdrawal from the association in subrogation of E through the service of the duplicate of the complaint of this case, the defendants, the remaining members of the association, are jointly and severally liable to return to the plaintiff, and the plaintiff is obligated to return KRW 50,462,49, which corresponds to 1/3 of the partnership's equity shares among the market value of the land of this case.

B. Therefore, E and the Defendants regarding the instant land.

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