(영문) 울산지방법원 2014.05.23 2013가단37417

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(영문) 울산지방법원 2014.05.23 2013가단37417

부동산지분이전등기절차이행

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff concluded a sales contract with D to purchase KRW 55 million for forest E 2511 square meters (hereinafter “1 forest”) from D and paid only the down payment, with the intention to resell it to the Defendant.

B. However, without notifying the Defendant of the fact that the Plaintiff resells the primary forest land, the Defendant proposed that the Defendant jointly purchase the primary forest land by investing KRW 80 million in the Defendant and KRW 20 million, and the Defendant consented thereto (hereinafter “the first agreement”).

C. The Plaintiff prepared a sales contract which causes KRW 100,000 as a seller’s agent, and the Defendant’s purchase price as a buyer, and received KRW 80,000 from the Defendant and paid KRW 5,00,000 among them to D, and completed the registration of ownership transfer on forest land No. 1 on December 2, 2004.

At this time, the defendant prepared a document confirming that the plaintiff has a 1/5 share in the forest land 1.

On December 2, 2005, the Plaintiff and the Defendant sold the forest land for KRW 136 million to a third party. The Plaintiff and the Defendant decided to purchase the forest land of this case with the selling price in the name of the Defendant. Around that time, on December 6, 2005, the Defendant drafted an agreement with the Plaintiff on the following terms (hereinafter referred to as the instant agreement, and the agreement pertaining thereto).

(1) When using the forest land of this case for another purpose in the future, the consent of the share participant shall be obtained and dealt with.

D. The profits, excluding the investment amount of each party, Defendant 10 million won, Plaintiff 29.2 million won, and taxes and public charges, shall be distributed at the ratio of the investment amount when selling the forest land of this case.

E. The amount of investment of the Plaintiff and the Defendant provided for in the instant agreement is determined by dividing the purchase price and the cost KRW 140,50,050 according to the ratio of shares under the first agreement. The details are as follows.

(1) The plaintiff: 20 million won of investment, and 36 million won of investment proceeds.

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