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(영문) 부산지방법원 2016.08.11 2015가단230606
소유권 지분 이전 등기 청구의 소
Text

1. The defendant,

A. The Plaintiff’s share of each real estate indicated in the separate sheet No. 2 list is due to the distribution of residual property.

Reasons

1. Basic facts

A. The deceased C (hereinafter “the deceased”) completed the registration of ownership transfer on April 22, 2005 with respect to the forest E-gu, Busan (hereinafter “the forest before the instant partition”) on April 7, 2005 due to the sale and purchase by April 7, 2005.

B. The forest land before the instant partition was divided several times thereafter.

In other words, on July 6, 2005, F forest land is 763 square meters, G forest land is 57 square meters and H forest land is 879 square meters in August 16, 2010, I forest land is 642 square meters and J forest land is 1037 square meters in January 8, 2014, D forest land is 796 square meters in sequence in June 12, 2015, and the remainder remains 551 square meters in E forest.

C. Of the above forests, the ownership of G forest land is transferred to Busan Metropolitan City on the ground of a consultation on public land as of April 15, 201, on the acquisition of a public land as of April 15, 201. The ownership of 642 square meters of I forest land was transferred to each of the Busan Metropolitan City on the ground of a consultation on public land as of March 12, 2014.

The defendant is the deceased's heir, and the Busan Family Court of Law No. 2015 was decided to accept the qualified acceptance as of August 18, 2015.

[Reasons for Recognition] Unsatisfy, Gap 1 to 3 evidence, Eul 1 evidence (including branch numbers in case of additional number), the purport of the whole pleadings

2. The Plaintiff’s assertion, the Deceased, and three K companies (hereinafter “Plaintiffs, etc.”) established a partnership with the purpose of gaining profit from the market price by developing and selling real estate after purchasing the real estate. The forest land before the instant division is the real estate.

The share ratio was determined as Plaintiff 17.3%, Deceased 6.4%, and K 76.3%.

However, when the circumstances change, such as the expropriation of considerable portion of the forest land before the division of this case, the Plaintiff et al. agreed to terminate the Dong business relationship on March 2014, and at the time, the Plaintiff et al. and the Deceased agreed to distribute the Plaintiff’s share of the remaining property to the Plaintiff, instead of paying the Plaintiff’s monetary claim of KRW 12 million (5 million lent to the Plaintiff on December 8, 2015, and KRW 642 square meters of I forest land, and KRW 7 million in the manner that the Deceased would receive part of I forest land, around March 2014).

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