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(영문) 전주지방법원 2017.10.18 2016나9158
매매대금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. In around 190, the Plaintiff and the Defendant concluded a partnership agreement with C, D, E, and F to jointly operate “F,” and agreed to hold each of the partnership shares of 1/5. At the time, the Plaintiff participated in the above partnership agreement in the name of G, one’s own title.

B. On August 3, 1991, the Plaintiff entered into a contract for the purchase of shares in the same business (hereinafter “instant contract for the first sale of shares”) equivalent to 1/2 of the shares in one-half (1/10 out of the total shares in the same business) of his own shares in the name of G (hereinafter “Plaintiff’s shares in the same business”) with the Defendant in the purchase price of KRW 75,000,000.

C. On February 20, 1991, the area of 15,467 square meters of L forest land in Namwon-si was divided into 3,252 square meters of L forest, 3,692 square meters of forest land, 3,690 square meters of forest land, 3,652 square meters of N forest land, 4,882 square meters of O forest land, and each of the above forests was combined into the above L forest on July 8, 1993.

After July 8, 1993, P Forest land was divided into 3,407 square meters in the above L Forest, and registration conversion was made to Q miscellaneous land on the day.

After that, on July 13, 1996, the above L-based land was converted into 12,378 square meters on R-type land, and 2,602 square meters on the day was divided into S-type land.

On April 12, 1996, the registration of ownership transfer has been made in the name of limited liability company F in relation to the whole of the Plaintiff’s share in the business of Q, R and S (hereinafter “instant scrapped book”).

E. Meanwhile, the method of implementing a sales contract between the Plaintiff and the Defendant for the Plaintiff’s share in the same trade has taken the method of transferring the share in the site of the instant scrapped site.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4, 6, 8, 9 (including numbers, if any), Eul evidence No. 2, witness C of the first instance trial, witness of D and the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion 1) After entering into the contract for the first sale of shares, the plaintiff's assertion made on October 18, 1993, sold all the remaining shares in the same trade (1/10 of all the shares in the same trade) to the defendant, and as to the purchase price, the first sale of shares in the same trade.

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