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(영문) 전주지방법원남원지원 2015.04.17 2014가단346
소유권이전등기말소등기 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Won and the Defendant’s partnership business 1) The Plaintiff, upon introduction, invested half of the total amount between the Defendant and the Defendant in around the end of 2006, and agreed to jointly operate the Plaintiff. The Plaintiff, who had experience in the operation of the refining, was in charge of the purchase of the site and the construction of the building at the leading location, and the Defendant paid KRW 44,80,000 to the Plaintiff. 2) On November 8, 2006, the Plaintiff commenced construction permission on the buildings listed in paragraph 1 of the attached Table D attached to the land of the Nam-si, Namwon-si, Seoul, and was approved for the use on January 11, 2007.

The plaintiff and the defendant began to operate the temporary domicile at the same time after obtaining approval for use.

3) On February 28, 2007, the Plaintiff completed the registration of the business with respect to the instant oil refining in its trade name. 4) The Defendant, on March 14, 2007, became the F warehouse site of the F warehouse site of the Republic of Korea 656 square meters and H large 656 square meters following the division and land category change.

On March 12, 2007, the registration of ownership transfer is completed on the ground of sale (the transaction value on the register) on March 12, 2007 (the transaction value on the register is KRW 5,00,000, F land 10,000,000, and the actual purchase price is KRW 20,000).

5) On May 25, 2007, the Plaintiff refers to each of the instant buildings listed in Paragraph 2 of the Attached Table 2 on the ground of the Namwon-si, Namwon-si (hereinafter referred to as “each of the instant buildings”).

(6) On July 31, 2007, the Plaintiff started construction permission, and obtained approval for use on the part of July 31, 2007.) The Plaintiff mainly managed the customer and delivered small amount, and the Defendant operated the gas station mainly by operating the machinery and delivering it in large quantities.

On the other hand, revenues and expenditures of the U.S. operation were entirely managed by the Plaintiff and his wife, and the Defendant received profits from the Plaintiff in the monthly pay form.

(However, from the end of 2010, the defendant obtained the right of disposal from the plaintiff and obtained additional profits through this).

around August 6, 2013, the plaintiff in the liquidation of Dong business is the defendant at the location where the plaintiff's wife G, the defendant's mother I, and Dong C.

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