(영문) 춘천지방법원영월지원 2017.08.31 2016가합10430

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(영문) 춘천지방법원영월지원 2017.08.31 2016가합10430

동업자지분반환청구

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1. The plaintiffs' claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs and the defendant jointly purchase each real estate listed in the separate sheet (hereinafter referred to as the "real estate of this case") through a public sale procedure, and the defendant asserts that the defendant independently purchased the real estate of this case. However, in light of the contents of the above agreement prepared by the plaintiffs and the defendant, as seen later, the plaintiffs bear interest on the purchase fund of this case as stated in the following, such defendant's assertion cannot be accepted.

Around September 2015, the following agreements have been drawn up:

(hereinafter “instant contract”). The Defendant is fully responsible for the public auction proceeds (cost for the transfer of ownership) of the instant real estate, and the Plaintiffs are liable for interest of KRW 350 million.

If interest is unpaid for three months, the right shall be waived.

- The real estate of this case is registered under the name of the defendant, but if it is sold, the difference (profit) excluding the amount invested and all expenses shall be distributed at the ratio of 3.3% to the plaintiffs and the defendant respectively.

- The defendant shall set all consents at the time of a bank loan.

B. Meanwhile, the Defendant paid 525.1 million won for public sale, and completed the registration of ownership transfer based on public sale conducted on September 17, 2015 for the instant real estate on October 2, 2015.

C. On October 8, 2015, on the instant real estate, the establishment registration of a neighboring mortgage in the name of the NongHyup Co., Ltd. (hereinafter “CF”) with the debtor and the maximum debt amount of KRW 420 million was completed.

[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 and 2 evidence (including each number), the purport of the whole pleadings

2. Judgment on the main defense of this case

A. The defendant is not the plaintiffs but the husband D and the husband B of the plaintiff, so the plaintiffs are not parties to the contract of this case, and therefore, the plaintiff is not parties to the contract of this case, and therefore the lawsuit of this case is unlawful.

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