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(영문) 부산지방법원 2018.08.29 2017가합43032
건물명도(인도)
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On October 8, 2013, the Plaintiff, the Defendant, and C were divided into 3,270 square meters in Busan-gu Busan-gu, Busan-do (hereinafter referred to as “D”) and 532 square meters in size on April 3, 2015.

The combination of each of the above lands divided below is referred to as “instant land.”

(2) The term “instant trade agreement” was jointly purchased and agreed to operate a business of constructing and leasing F buildings on its ground (hereinafter “instant trade agreement”). The term “instant trade association” is deemed to be the “instant trade association.”

(2) On November 27, 2013, the Plaintiff, the Defendant, and C purchased the instant land from G, etc., a co-owner under the name of the Plaintiff, and completed the registration of entire co-owners’ share transfer on December 24, 2013.

3) On May 30, 2014, the Plaintiff, the Defendant, and C: (a) newly constructed a building on the instant land and jointly run a leasing business; (b) their share ratio is set up one-third each to divide profits and expenses according to the said share; and (c) the main contents are as follows. In jointly establishing and operating a real estate leasing business on the instant land, the joint investors agree to stipulate the following matters while promising mutual trust and respect among the investors; and (b) fulfill their legal responsibilities. The joint investors of Article 1 (Composition of Joint Investors) are composed of three persons: profits accruing from the operation of the building under Articles 4 (Sharing of Profits and Liabilities) 1: The Plaintiff, C, and Defendant 4 (Apportionment of Profits and Liabilities) shall be distributed to the joint investors one-third each.

2) The public liabilities arising in the course of the establishment and operation of a building shall be apportioned one-third by distribution. When purchasing land and buildings under Article 5 (Registration of Real Estate) (Registration of Real Estate), registration shall be made in the name of all joint investors.

2) The time of the registration of a building shall be immediately registered after its acquisition. Article 8 (Fund management with respect to the decision of the Steering Committee to one person determined by the Fund Management Method and the Operating Committee for Approval Procedure.

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