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(영문) 창원지방법원 2018.06.21 2017가합50969
손해배상(기)
Text

1. Defendant B’s KRW 147,196,025 and KRW 133,709,820 among the Plaintiff and KRW 133,709,820 from February 1, 2017, and KRW 13,486,134.

Reasons

1. Basic facts

A. The Plaintiff and Defendant B’s real estate investment business and their shares were adjusted 1) from around 2005 to Defendant B, the Plaintiff, after purchasing real estate jointly with Defendant B and I, sold the difference and then distributed the proceeds according to the ratio of the purchase price apportioned by each of the following persons. In that process, the registered name was set in the joint name of the said three persons, and any of the said three persons was set out in the sole name of one of the said three persons. (2) On November 201, 2016, the Plaintiff, Defendant B, and I decided to register shares according to the ratio of the purchase price apportioned by each of the following persons as to the real estate listed in the attached Forms 2 through 4, which were purchased in the said real estate investment business process, but registered in the Plaintiff’s name. In addition, on November 15, 2016, the Plaintiff and Defendant B concluded a sales contract with the Plaintiff to bear the share of KRW 1287,000 among the real estate listed in the attached Schedules No. 1287,00 and Defendant B’s.

3) Accordingly, on November 18, 2016, the Plaintiff completed the registration of ownership transfer under Defendant B’s name with respect to the 1/2 shares of the real estate listed in the attached Table 1 List, and completed the registration of ownership transfer under Defendant B, Defendant C, or D’s name with respect to the 1/3 through 1/2 shares of the real estate listed in the attached Tables 2 through 4 as of the same day and the preceding day, or upon Defendant B’s request, the Plaintiff completed the registration of ownership transfer under the name of Defendant B, B, or D (hereinafter referred to as “instant registration”), and the real estate is referred to as “the instant registration of ownership transfer for the real estate listed in the attached Table 1”

The specific details are as follows. [Transfer of shares before receipt of the reasons for registration of real estate Nos. 1]

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