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(영문) 수원지방법원 2018.01.12 2017가합18777
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On July 10, 2007, the Plaintiff entered into a joint purchase agreement (hereinafter “instant joint purchase agreement”) with Defendant B with respect to each of the real estate listed in the attached Tables 1 and 2, which was used as a private house or business place (hereinafter “instant store”). At the time, Defendant C jointly and severally guaranteed Defendant B’s obligation.

Article 2 (Purchase Method) The Plaintiff and the Defendant B acquire the instant store as a joint successful bid real estate at the Suwon court auction on July 26, 2007.

Article 3 (Purpose of Joint Purchase of Real Estate) Sale and purchase of real estate or exchange of real estate within 12 months after joint acquisition thereof.

Article 4 (Obligation) (1) The Plaintiff’s obligation cancels the purchase of the lien (1.4 billion won of the D Lien amount) of the instant store (Provided, That it is irrelevant to the outcome of the lawsuit establishing the lien).

2) Defendant B’s obligation is based on a bid with the bid price of at least KRW 600,000 for the auction bid price and pays the down payment and remainder registration expenses, operating expenses, etc.

(A) any balance may be loaned at the time of payment. The name of the successful bidder and the name of the holder of the ownership shall be the defendant B.

(Provided, That at the request of the plaintiff, the joint name registration or the establishment of collateral security shall be immediately conducted). Article 6 (Right of Ownership) Ownership Shares shall be 50% of the plaintiff and 50% of the defendant B shall be determined.

(Provided, That only loans shall be apportioned at the same rate after deducting the loans at the time of sale). Article 7

1. After purchase, the defendant B shall manage the goodwill;

2. The business period of Defendant B shall be 12 months;

3. A business operator shall bear all of taxes, public charges, and facility maintenance expenses incurred during the business period;

4. No non-business operator shall participate in any business operator's business other than monthly dividends (from September 1, 2007 to August 30, 2008). 5. The operating authority shall pay to a non-business operator KRW 3 million each month by the 12-month period before the 13-month period to the non-business operator, and the business operator shall determine by agreement after the 13-month period.

Article 8 (Prohibited Matters) Defendant B raises objection without the Plaintiff’s consent.

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