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(영문) 부산지방법원 2016.03.02 2014가단203836
수익금 청구의 소
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. Nonparty D is a person engaged in housing construction and construction business under the trade name of E, and the Defendants are parents of D.

The plaintiff became aware of F's friendship D with the introduction of Chok F.

B. Ten persons, including the Plaintiff, indicated below (hereinafter referred to as “instant building owners”), purchased each parcel of land from the owner G and H on April 6, 2011, G, I and seven parcels of land (hereinafter “instant eight parcels of land”) from G and H on April 6, 201, and registered each of the following items on April 18, 201:

(A) Of the instant eight parcels of land, J. 222 square meters purchased by the Plaintiff (hereinafter “instant site”). In addition, the instant building owner jointly purchased K-road 260 square meters from G and H on April 6, 201, and jointly purchased the instant site from G and H (hereinafter “instant road site”), and registered the transfer of each co-ownership on April 18, 201.

Defendant B 254,930,00 won 23,278,750 won Lba 296m296m2 at the time of the sale price for a road site registered as the owner of the instant eight parcels of land in this case: P 29.7m229m2, R 124,200,120,000 KRW 62,000 m2222m29,980,000 U 218m218m2,50,000 KRW 530,000,000 mba 2312,920,000 mba 208m28,000 KRW 20,000 for the instant land in this case.

C. D newly constructed multi-household housing on the ground of the instant eight parcels purchased by the instant building owner, respectively.

In May 201, the Plaintiff sold a multi-household house as completed on the instant land and its ground to the Z, where the Multi-Family Housing Construction Corporation is underway.

However, since the multi-household housing was not completed at the time of the sales contract, on May 16, 201, the registration of ownership transfer was made under the name of Z on May 7, 201 in the name of Z, and on the above ground multi-household housing, the name of the owner was changed from the Plaintiff to Z.

E. D continues to undertake the construction of a new multi-family housing on its ground.

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