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(영문) 부산지방법원 2015.04.17 2014가단26091
소유권말소등기
Text

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

2. Defendant D and E shall jointly and severally serve as the Plaintiff 90,000.

Reasons

1. Basic facts

A. On January 20, 2009, Defendant C, D, and E agreed to jointly purchase the instant land and agreed as follows (hereinafter “instant agreement”).

Article 1 In purchasing the instant land, Gap (Defendant C), Eul (Defendant D), and Byung (Defendant E) shall make joint investments.

Article 2. A/2 of the contract amount between the seller and the buyer A, B, and C shall be borne by A, and the remainder shall be borne by B, while 1/4 of the remainder shall be borne by Byung.

Article 3 Section A is obligated to repay all existing liabilities to the relevant financial institution with the sole responsibility of Party A, and Party A shall pay interest set forth in the financial institution each month without delay.

Article 4

1. Since the location of the instant land is a blind spot with no length, some of the Busan Gangseo-gu G land or some of H and I land must be purchased and paid the road.

2. The minimum number of land (the second line) for the creation of a road must be purchased;

3.The liability for the purchase of land for roads shall be borne by A, and shall pay to B and C all costs and fees for the purchase of land borne by B and C within 100 days of the date of the contract by B and C, if the purchase is not possible within 90 days of the date of the contract.

4. Land purchase expenses for roads and road construction expenses shall be borne by Gap, Eul, and Byung in the same proportion; and

Article 5. Shares in Rights to Land of this case shall be 1/3 of Gap, Eul, and Byung, respectively.

The expenses incurred in relation to the land shall be borne in 1/3, respectively, after this contract has occurred.

B. On January 21, 2009, Defendant D and E purchased the instant land from Defendant B with the purchase price of KRW 487 million (hereinafter “instant purchase”). Of the above purchase price, Defendant C bears only KRW 90 million.

C. On January 21, 2010, Defendant C guaranteed the Plaintiff’s obligation of KRW 100 million, Defendant C’s share in the instant land and KRW 1/3 of the Busan Gangseo-gu J and K’s land.

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