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(영문) 대구지방법원김천지원 2015.10.21 2014가단13422
소유권말소등기
Text

1. The portion of Defendant Pump Co., Ltd. 8/100 out of 1,190 square meters of factory site in Kimcheon-si, Kimcheon-si.

Reasons

1. Basic facts

A. The introduction of G and H around November 19, 2004, Defendant B, D, E, and F shared purchase of the land of 4,915 square meters (1,190 square meters for land C on March 11, 2009) from the Defendant Company in Kimcheon-si, Kimcheon-si, and hereinafter “I land” before division, and the Plaintiff vicariously performed the sales business of Defendant B.

(hereinafter “instant trade”). (b)

From November 30, 2004 to December 2, 2004, Defendant B remitted KRW 30 million to H, and KRW 220 million to the Plaintiff’s birthJ.

C. Defendant B completed the registration of ownership transfer based on the sale on November 19, 2004, No. 31969, which was received on December 29, 2004, with respect to the share of 24.21/100 of the pre-division land.

(hereinafter “instant transfer registration”) D.

On December 29, 2004, Defendant B borrowed KRW 36 million as collateral the land before subdivision from the Kim Jong-chul branch.

E. Around March 2005, Defendant B drafted a written confirmation that “Around 24.21 (1,190 square meters) of Defendant B’s share of 24.21 (1,190 square meters) on the building and land of Gimcheon-si, the Plaintiff shall have ownership, and accordingly, Defendant B shall determine all of the expenses incurred in the acquisition, maintenance, management, and sale, and accordingly, according to the ratio between Defendant B 3 2/3 and Plaintiff B/3, and the amount of taxes, public charges, and profits, etc. shall be in accordance with the ratio between Plaintiff B/3 and Plaintiff 1/3, and shall sign and seal it.”

(f) On March 28, 2005, the Plaintiff remitted KRW 42.5 million to the Defendant B, and on March 31, 2005, remitted KRW 5.7 million to K.

G. On May 30, 2008, Defendant B changed the financial institution of the loan on land prior to subdivision from Kimcheon-gu’s office to Kimcheon-gun’s branch office.

H. Around December 16, 2008, H, around December 16, 2008, ordered the Plaintiff to transfer all documents to Defendant B, while pursuing joint purchase with Defendant B, D, E, and F regarding the land before subdivision.

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