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(영문) 제주지방법원 2020.07.16 2017가단58252
정산금 청구의 소
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 6,79,770 won and 6% per annum from September 5, 2017 to July 16, 2020.

Reasons

1. The following facts may be acknowledged in full view of the fact that there is no dispute over the facts of recognition, the entry of evidence A No. 123 and the purport of the whole pleadings:

(Capital) Contents of the same business: 450,000,000 won (investment and share in profit and loss distribution) B: 30/100, C: 30/100, A: 20/100, D: 20/100, 20/100, 20/100, and 20/100 of the following shares, the Plaintiff and the Defendants entered into a contract for the same business as follows:

(2) The Plaintiff and the Defendants purchased 545 square meters and 35 square meters in Jeju-do G G (hereinafter “instant land”) under the agreement on the same business, and constructed three-story detached housing (hereinafter “instant housing”) on the ground. In this case, the Plaintiff and the Defendants registered the ownership transfer of the instant land as one-half shares, respectively, with respect to the instant land and housing.

As the Plaintiff served a duplicate of the complaint of this case, the Defendants expressed their intent to withdraw from the partnership, and the Defendants sold the land and housing of this case to 59 million won on December 31, 2018 during the course of the lawsuit of this case for which the Plaintiff filed a claim for accounting among the union members.

2. Inasmuch as the Plaintiff notified the Defendants of the withdrawal from the instant association, such as the Plaintiff’s calculation of the Plaintiff’s shares, the Defendants should calculate their shares in accordance with Article 719 of the Civil Act.

(1) Since the instant land and housing are purchased with the investment of the instant association, it is the property of the association regardless of whose name the account holder owns.

(2) Meanwhile, the Plaintiff asserted to the effect that the “J land in Jeju City” is the property of the instant association. However, according to the respective evidence No. 13 and No. 12 through No. 18, according to a typhoon around October 2016, the instant housing was destroyed due to typhoon around October 2016, the Plaintiff and the Defendants agreed on the land J land in Jeju-si in order to prepare the construction cost.

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