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(영문) 대전지방법원 천안지원 2018.08.09 2016가단109464
약정금
Text

1. The defendant,

A. As to the Plaintiff A’s KRW 118,346,270 and KRW 109,374,050 among them, the amount of KRW 118,346,270 shall be from September 23, 2016 to 8,972.

Reasons

1. Basic facts

A. In around 2009, the Plaintiffs entered into a partnership agreement and a mutual agreement for the business of selling the land in lots after purchasing the land jointly with the Defendant.

The Plaintiffs and the Defendant purchased from D on May 28, 2009 the purchase price of KRW 19,904 square meters of forest E-gu, Seoan-gu, Seoan-gu, Seoan-gu, for the purchase of a site for a electric housing complex under the foregoing business agreement. On July 14, 2009, as to the 50/100 of the above land, the Defendant completed each registration of ownership transfer under the Plaintiff’s name as to the 45/100 of shares, under the Plaintiff’s name as to the 5/100 shares, and under the Plaintiff’s name as to the 5/100 shares.

In addition, on November 28, 201, Plaintiff A and the Defendant purchased from F the purchase price of KRW 1,343 square meters for G farm land from KRW 28,42 million. On December 28, 2011, the registration of ownership transfer is completed in the name of Plaintiff A and Defendant respectively with respect to each one/2 of the above land.

The plaintiffs and the defendant developed and sold each of the above lands as a whole housing complex with the name of "H", and during that process, E forest land of 19,904 square meters was divided into multiple lots.

B. In light of the ownership status of a site for electric source in around the end of 2013, land remaining as co-owned by the Plaintiffs and the Defendant without being sold among the said site for electric source housing in around the end of 2013 is the 1,343 square meters of the said site for electric source, 1,343 square meters, 558 square meters in Seo-gu, Seo-gu, Seoan-gu, Seoan-gu, Seocheon-gu, J. 59 square meters, 509 square meters in J. 509 square meters in K, 97 square meters in L. 69 square meters in M., M. 59 square meters in M., 559 square meters in M., 569 square meters in N., 562 square meters in P. 798 square meters in forest, Q. 1,700

C. On April 25, 2014, the Plaintiffs additionally sold to T the purchase price of KRW 17 billion and completed the registration of ownership transfer on April 28, 2014. On September 17, 2014, the Plaintiffs sold Q factory site of KRW 1,700 square meters, and S factory site of KRW 1,735 square meters to U.S. Co., Ltd. for KRW 500 million and completed the registration of ownership transfer on September 17, 2014, and completed the registration of ownership transfer on April 28, 2015 to V.

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