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(영문) 수원지방법원 2017.09.06 2016가단803773
소유권이전등기
Text

1. The defendant is among each land listed in the separate sheet:

A. As to shares 1,251.25/6,658 to Plaintiff A:

B. The plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiffs and the Defendant jointly purchased each land listed in the separate sheet (hereinafter “instant real estate”) around September 21, 2012 with the introduction of E.

B. Accordingly, the Plaintiffs shared 92/6,658 shares in relation to the instant real estate, and F, the Defendant’s husband, at the ratio of 2,645/6,658 shares, and E shared 1,037/6,658 shares in terms of brokerage commission.

C. On March 12, 2013, in order to develop the instant real estate, the Plaintiffs, F, E, and the Defendant transferred the ownership of the instant real estate under the Defendant’s sole name for convenience, and G is responsible for the construction and development. Upon completion of development, the Defendant and G paid the land compensation amount ( KRW 130,200,000 for the Plaintiffs, F, KRW 347,200,000 for the F, KRW 136,200 for the Plaintiffs, and KRW 136,200 for E) to the Plaintiffs, F, and E.

(hereinafter referred to as the “Performance Agreement”). D.

According to the instant implementation agreement, the Defendant completed the registration of transfer of shares based on the donations made from March 12, 2013, for the Plaintiffs and E’s shares out of the instant real estate on March 19, 2013, and for F’s shares, the registration of transfer of shares based on the donations made from March 12, 2013.

E. E, upon receiving the Plaintiffs’ assertion that the purchase price of the instant real estate was unfair, recognized its own responsibility on May 3, 2013, and renounced its shares among the instant real estate.

F. On May 2015, the Plaintiffs requested the Defendant to return the share of the instant real estate to the Defendant as they supported the instant real estate development project. Accordingly, on May 5, 2015, the Defendant decided to return the share of the instant real estate to the Plaintiffs, respectively.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including each number), the purport of the whole pleadings

2. According to the above facts of recognition, upon the plaintiffs' request to return the shares of the instant real estate, the defendant made May 5, 2015 the plaintiffs' shares.

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