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(영문) 서울중앙지방법원 2018.11.09 2016가합550559
부동산인도등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff of the parties, etc., as a her mother, succeeded to E and the deceased’s property on February 4, 2016, upon the death of the deceased, as a mother of the deceased’s externally accompanied by the net D (hereinafter “the deceased”).

The Defendants are married couple.

B. 1) Conclusion of the Dong business contract: (a) On January 12, 2015, the deceased, Defendant C, F, and G set their shares as 25% each, respectively; and (b) the Seocho-gu Seoul Metropolitan Government H large-215 square meters and I large-189 square meters each (hereinafter collectively referred to as “instant J-dong land”).

(B) On the same day, the agreement to construct a new building and sell and lease the building, and completed the business registration with the trade name “K” for the purpose of new construction, sale and lease of the house for the said business (However, since the agreement on the same day does not put the seal of the deceased on the same day, the agreement on the same business as of January 28, 2015 was re-established.

(2) On October 13, 2015, the Deceased and Defendant B entered into a partnership agreement with the Plaintiff to newly construct a building on the land of 145 square meters and 145 square meters in Seoul Special Metropolitan City, Gwanak-gu (hereinafter “instant Ndong land”). On October 20, 2015, the Deceased and Defendant B completed business registration with the trade name of “O” for the purpose of selling new construction of a house for the said business.

3) On November 25, 2015, the Deceased and Defendant B entered into a partnership agreement to newly construct and sell or lease buildings on the land in the instant case, the instant Ndong land, and the real estate listed in attached Table No. 19 of the attached Table No. 19. (c) As to the instant Jdong land, the ownership transfer registration for each of the following shares was completed on December 30, 2014: (a) the ownership transfer registration for the entire shares was completed on the same day in the future of Korea Trust Co., Ltd. (hereinafter “Korea Trust”), and on March 31, 2015, on the part of the deceased, G, Defendant C, and F due to the reversion of trust property; and (b) the ownership transfer registration for each share was completed on March 31, 2015.

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