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(영문) 대구지방법원포항지원 2015.02.05 2014가합1282
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On March 20, 2013, the original Defendant jointly purchased D large 231 square meters of land and its ground buildings from Gyeongbuk-gun, Ulsan-gun, and completed the registration of ownership transfer on May 14, 2013. From May 6, 2013, the former Defendant jointly engaged in accommodation and restaurant business with the trade name “Eel” in the above ground building.

B. After that, the original Defendant agreed to remove the above ground building and newly construct the building on the above F land, on July 30, 2013, concluded a partnership agreement with the effect that he/she would jointly operate the above F, G, and H accommodation accommodation facilities, etc. on August 28, 2013 and jointly distribute profits therefrom (hereinafter “instant partnership agreement”).

C. Under the instant trade agreement, the original Defendant closed the “Eel” on December 31, 2013, and the Defendant constructed a new building listed in the attached Form (hereinafter “instant building”) on July 2, 2014, and completed registration of initial ownership on July 7, 2014 in its name regarding the instant building.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including additional numbers), Eul evidence No. 1, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion that the Defendant agreed to newly construct the instant building on August 28, 2013 and to share ownership thereof. As such, the Defendant is obligated to implement the registration procedure for ownership transfer on August 28, 2013 with respect to the first/2 shares of the instant building on the ground of an agreement.

B. The evidence submitted by the Plaintiff alone is insufficient to recognize the Plaintiff’s assertion in light of the contents of the Dong business contract prepared at the time of entering into the instant Dong business contract, the background of preservation of ownership on the instant building, and the burden of funds incurred in the construction of the instant building, etc.

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