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(영문) 부산지방법원 2018.09.19 2016가합52183
청산금 지급 청구의 소
Text

1. The defendant,

A. On December 26, 2005, the Plaintiff purchased and sold each real estate listed in the separate sheet Nos. 1, 2, and 3 to the Plaintiff.

Reasons

Facts of recognition

A. On July 30, 2003, the Defendant was established for the purpose of rebuilding the B apartment and commercial building in the Geumcheon-gu Busan Metropolitan Government, and was dissolved on October 30, 2015.

B. On August 28, 2001, the Defendant entered into a contract for construction works for reconstruction projects with D Co., Ltd. (hereinafter “D”)

(hereinafter “instant contract”). (c)

E (hereinafter referred to as “the deceased”) as a member of the defendant, owns the first floor G (hereinafter referred to as “previous commercial building”) of the F of the Geum-gu, Busan. On September 10, 2001, E completed the registration of ownership transfer for the above previous commercial building based on trust to the defendant.

On December 26, 2005, the Deceased purchased each real estate listed in [Attachment 1, 2, and 3] listed in [Attachment 1, 2, and 3 [Attachment 4], and entered into a supply contract with Busan HH that would sell the real estate listed in [Attachment 4] in [Attachment 1, 2, and 3 [Attachment 1] to 122,760,000 won for the sale price.

(hereinafter “instant supply contract”). E.

Each commercial building of this case was completed in around 2006, and the deceased occupied each commercial building of this case from around 2008 and paid property tax, etc.

F. The Deceased died on January 25, 2015, and the Plaintiff and I inherited the Deceased.

G. On July 29, 2015, the Plaintiff and I agreed on the division of inherited property, each of the instant commercial buildings, an inherited property, owned by the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 8, 6, 7 (the authenticity of the entire document is presumed to have been established because there is no dispute over each of the seals of the defendant, D and deceased), Eul evidence No. 1 (including those with a serial number; hereinafter the same shall apply), and the parties' assertion of the purport of the whole pleadings

A. On December 26, 2005, Plaintiff 1, as the Defendant’s member, reverted the previous commercial buildings owned by the deceased to the Defendant and expected to purchase H commercial buildings corresponding thereto. On December 26, 2005, Plaintiff 1, as the Defendant’s member, had the Defendant purchase the first, second, and third commercial buildings free of charge, and the fourth commercial buildings.

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