logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2014.01.24 2012나29639
대여금
Text

1. The judgment of the court of first instance, including the Plaintiff (Counterclaim Defendant)’s claim on the principal lawsuit expanded by the trial court, is as follows.

Reasons

1. Facts of recognition;

A. (1) On September 14, 2004, the Plaintiff and the Defendant jointly purchased approximately KRW 97 million in the purchase price ( approximately KRW 100,000 per square year) of D forest land 32,978 square meters ( approximately KRW 976 square meters; hereinafter “instant land”) from Masung-si, Sungsung-si.

The defendant paid 50 million won out of the down payment of KRW 100 million.

(2) However, the Plaintiff and the Defendant, around October 30, 2004 and November 1, 2004, jointly deposited an intermediate payment of KRW 400 million, and on the instant land, around November 2004, jointly applied for the injunction against disposal by jointly applying for the injunction against disposal on the ground that “The claim for ownership transfer registration based on sale on September 14, 2004” as the preserved right.

(3) Before the transfer registration of ownership, the Plaintiff reselled part of the share in the instant land to E, F, and G, thereby, five actual co-owners of the instant land (Plaintiff, Defendant, E, F, and G) were in existence.

However, in relation to the land transaction permission, the plaintiff was filed as a sole purchaser, and the above five persons were prepared on April 11, 2005 the "Agreement on the Undisclosed Association" with the following contents and received a notarial deed.

(No. 2987) The above five persons agree to jointly purchase the land of this case from C in the joint office, etc. of notary public No. 2987, 2005, with the following agreement:

The purchase price of KRW 1 billion shall be apportioned to the Plaintiff 4,576 (45.87%), ② Defendant 9,976/3,00 (30.07/30), ③ 1,000 (10.02/10), ④ 700/976 (7.02/10), ④ 700/9,976/76, ⑤ G976/70 (7.02/10).

The registration title of the land of this case shall be the plaintiff, but the plaintiff shall manage the land of this case with due care as a good manager.

The above five persons are obligated with rights and obligations with the share ratio as to the land of this case.

The share of various public charges imposed on the land of this case is also the same.

arrow