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(영문) 부산지방법원 2014.06.03 2012가단89401
소유권이전등기절차이행등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 201, the Plaintiff and the Defendant concluded an oral agreement to jointly manage the “business of purchasing land and constructing and selling a new building on the ground.”

B. The Defendant presented to the Plaintiff the business plan of “C Urban Residential Housing” and the business plan of “D Urban Residential Housing” and visited the subject land along with the Plaintiff.

C. On December 21, 201, the Plaintiff and the Defendant: (a) buried the site to build a new building; (b) purchased, from E, the purchase price of KRW 41 square meters in Busan-gu, Busan-do; (c) KRW 60 square meters in total; and (d) KRW 210 million in total, KRW 60 square meters in Busan-gu, Busan-gu, Busan-do, for KRW 135 million in total.

On January 10, 2012, the Plaintiff remitted 89 million won to E as part payments, and 30 million won to I, respectively. On February 16, 2012, the Plaintiff remitted KRW 81 million to the Defendant.

E. On January 12, 2012, the Plaintiff and the Defendant registered joint business operators with the trade name of “K” (type of construction business, category of construction business: land ownership less than five years).

F. On June 7, 2012, the Plaintiff was merged with the Plaintiff, the Plaintiff, the Plaintiff, the Plaintiff, the Plaintiff, the Plaintiff, the Plaintiff, and the Plaintiff, the Plaintiff, the Plaintiff, the Plaintiff, and the Plaintiff, the Plaintiff, the Plaintiff, the Plaintiff, and the Plaintiff, the Plaintiff, the Plaintiff, and the Plaintiff were the Plaintiff, and the Plaintiff was the Plaintiff, the Plaintiff, the Plaintiff, and the Plaintiff.

G. As between January 31, 2012 and May 30, 2012, the Defendant completed the registration of ownership transfer under the name of the Defendant with respect to 6/10 of the instant land, and as to 4/10 of the instant land, under the name of the Plaintiff.

H. From May 2012, the Defendant started a new construction of the building listed in attached Table 1 (hereinafter “studio in this case”) from around May 1, 2012, and obtained approval for use on September 14, 2012, and completed registration of ownership transfer on the instant studio 28 households in the sole name of the Defendant around September 27, 2012.

[Basis] Facts without dispute, Gap evidence Nos. 1, 6, 10, 17, 24, Eul evidence Nos. 1 through 8 (including each number), Eul evidence Nos. 17-4, 12, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion is around November 201, 201.

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