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(영문) 부산지방법원 2015.11.24 2014가단223007
사용료
Text

1. The defendant,

A. Plaintiff A: (a) KRW 6,192,89 for each of the KRW 2,212,327, Plaintiff B, and C, and each of them on November 7, 2015.

Reasons

1. Basic facts

A. The defendant is the birth of the plaintiff A, and the plaintiff B and C are the children of the plaintiff A.

B. On April 21, 2002, the Plaintiff A, the Defendant, the father network E, and the mother F drafted a written agreement (No. 4; hereinafter “instant agreement”) with respect to the land of 105.8 square meters in Busan Dong-gu, Busan (hereinafter “instant land”), which was owned by E, and some of the content thereof are as follows.

The method of distributing ownership of the land that occurred in the future through the construction of a new building in the instant land was discussed. (Interim omission) At the time of the consent of all the members, the parties agreed to distribute 15 square meters to the land for the convenience of calculating the new building, and prior to that time, the proceeds are appropriated as investment funds for the new building, and the proceeds are to be paid to E and F in a monthly fixed amount, and D of the building owner consented to the authentication of this agreement.

C. The Defendant newly constructed a building on the instant land (hereinafter “instant building”) and completed registration of initial ownership on January 9, 2003.

(1) On March 2, 2004, the network E donated each of the shares in the instant land to the Defendant on March 2, 2004, 562/1058 of the instant land, and 496/1058 of the instant land to the Plaintiff A on May 12, 2010.

(2) On May 1, 2012, Plaintiff A donated 33/1058 shares of each of the instant land to Plaintiff B and C, and 165/1058 shares of each of the instant land on February 5, 2014.

(3) On February 27, 2015, the Defendant sold shares 281/1058 of the instant land and 1/2 of the instant building to H, and H completed the registration of ownership transfer on March 30, 2015 with respect to the said land and building shares.

(4) As to the instant land, Plaintiff A has 100/1058 shares; Plaintiff B and C have 198/1058 shares; Defendant and H have 281/1058 shares, respectively.

E. On January 20, 2014, Plaintiff B and C: (a) with respect to each of the shares in the instant land owned by the said Plaintiffs at the time, Plaintiff B and C, from January 20, 2014 to January 19, 2015, respectively, with respect to each of the shares in the instant land owned by the said Plaintiffs at the time, 100.

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