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(영문) 광주지방법원 2019.02.15 2018가단519149
소유권이전등기
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 August 7, 2015, the Plaintiff, the Defendant, and D completed the respective registration of transfer of ownership as to the shares of 2978/8268 square meters, Defendant, and D, respectively, with respect to the shares of 2645/8268 square meters in Masung-gun, Jeonsung-gun on August 7, 2015, and with respect to the shares of 3193 square meters in F field, the Plaintiff completed the respective registration of transfer of ownership as to the shares of 1149/3193 square meters in F field, the Defendant, and D,

(B) Afterce D completes the registration of ownership transfer for its own shares to G as spouse.

On September 21, 2015, the Plaintiff, the Defendant, and D entered into a partnership agreement (hereinafter “instant partnership agreement”) with the content that a housing complex is created on the land of the members of the Jeonsung-gun E members of the Seoul-gun, and that sales and distribution of profits therefrom are to be carried out, and the Plaintiff, the Defendant, and the D agreed to entrust the development related to the progress of the said business and the sale and purchase business thereof to H (hereinafter “Nonindicted Company”) and registered as a joint proprietor on October 5, 2015 with the trade name “J”.

The name of joint business operators (D changed to G).

Since then, a housing complex development project under the instant business contract (hereinafter “instant business”) was carried out, and the said business was divided into several lots. Of them, the F field 731 square meters (hereinafter “instant land”) remaining after being divided into F field 3193 square meters and remaining after being divided into F field 3193 square meters was completed on January 10, 2017 under the name of K that is designated by the Defendant, and the registration of ownership transfer was completed on December 1, 2016 under the name of K that is designated by the Defendant.

On the other hand, L is a person who actually participated in the business contract of this case and the business of this case, and M is a person in charge of the non-party company related to the business of this case.

[Reasons for Recognition] Gap evidence Nos. 1, 2, 3, 4, 6 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 1, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff, the Defendant, G, D, L, M, etc. was unsold in lots prior to the completion of the final profit settlement procedure under the instant trade agreement on November 1, 2016.

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