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(영문) 의정부지방법원고양지원 2019.11.14 2017가단75725
구상금
Text

1. The plaintiff's conjunctive claim against the defendants is dismissed in entirety.

2. The Plaintiff, Defendant C, Defendant D, and Defendant D.

Reasons

1. Basic facts

A. On November 208, the Plaintiff and the Defendants, the F, G, etc. (hereinafter collectively referred to as the “instant real estate”) agreed to jointly purchase the housing site in order to construct the friendly housing that will reside after the retirement. On November 2008, approximately 3,140 of eight parcels of land, such as H, I, J, K, L, L, M, N, N, andO (including the current subdivision and lot number change, etc.; hereinafter referred to as the “instant real estate”). The Plaintiff and the Defendants, the F, G, etc., purchased approximately 3,140 parcels of land, and completed the registration of ownership transfer in the future of the same persons.

B. At the time, club members agreed that they have rights and obligations in accordance with the above ratio of shares in respect of the entire real estate of this case by setting the ratio of shares in Plaintiff B 1,200/3,140: Defendant C 400/3,140: Defendant D 200/3,140: Defendant D 200/3,140: F 300/3,140: G 200/3,140: 140: G 200/3,140; and accordingly, each group of club members agreed that they have rights and obligations in accordance with the above ratio of shares.

C. At around 2012, club members entered into a partnership agreement with the instant real estate to jointly engage in profit-making business by creating camping ports in the remaining space of the instant real estate (hereinafter “instant partnership agreement,” and the association established under the said agreement, and entered into a written agreement containing the following details on April 20, 2014.

4. Contents of agreement - Each lot number in the process of acquiring the above real estate, but this is only the procedure for acquiring the farmland, which is a procedure for acquiring the land and has the right only to the share of the entire land.

-the exercise of rights (sale, provision of security, etc.) by club members can not be independently and must obtain the consent of all the club members.

-for the same persons shall invest in each of their own shares, distribute profits and losses, and bear them according to the ratio of each share.

(Provided, That the area used individually shall be excluded from the distribution of profits) - Various taxes, public charges and other charges, and normal.

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