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(영문) 전주지방법원군산지원 2014.01.09 2013가합1015
손해배상(기)
Text

1. As to the Plaintiff, Defendant B, Defendant D, Defendant D, KRW 45,936,947, and Defendant E, KRW 5,676,754, and each of the said money.

Reasons

1. Basic facts

A. Defendant B, D, E, and F made a joint purchase by investing one-fourth of the 1/2 share of H 33 square meters in Y-si, Y-si, Y-si, Y-si, Y-si, 158 square meters prior to I, 158 square meters prior to J, 120 square meters, 487 square meters prior to J, 487 square meters in K-si, 5 square meters in L-type, 7 square meters in L-type, 61 square meters in M-type land (hereinafter “each land prior to division”) in one-fourth of each party’s purchase fund, and

B. Accordingly, on February 10, 2006, the said Defendants purchased each land (excluding 61 square meters in the following land in the following city) prior to subdivision from N on 826,00,000,000 won and completed the registration of ownership transfer in the name of Defendant E and F on May 17, 2006, with 1/2 shares for each of 33 square meters in the name of Defendant E and F, in the name of each of 1/2 shares, and with 1/4 shares for each of 33 square meters in the name of Defendant E and F, respectively, on April 27, 2006.

C. On May 29, 2006, Defendant B and D completed the registration of the right to claim for share transfer in relation to each of the shares of Defendant E and F in each of the lands (excluding 61m2 in the following land in the following cities) before subdivisions (excluding the 61m2 in the following cities) on May 29, 2006, in 1/4 shares, and 33m2 in each of the shares of Defendant E and F before subdivisions. D.

On May 17, 2006, Defendant B, D, E, and F obtained a loan of KRW 300,000,000 (hereinafter “instant loan”) from the said mortgagee, and paid KRW 235,50,000 among them to N, a seller, as the purchase price for each land before subdivision (excluding 61,000 square meters of land in the following cities).

E. Defendant B, D, E, and F shall pay each purchase price of each of the lands before division, one-fourths each, but some of the shares to be paid by Defendant G and Defendant F to Defendant F, respectively, was paid by the Plaintiff to N, the seller, and N from the Plaintiff and the Defendants.

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