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(영문) 서울중앙지방법원 2019.10.16 2019나18012
소유권이전등기
Text

1. The defendant's appeal is dismissed.

2. The defendant bears the total costs of the lawsuit after the appeal.

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant, E, F, G, and D (hereinafter collectively referred to as “joint investors”) are in line with high school line, and Plaintiff B is the spouse of Plaintiff A.

B. Joint investors agreed to purchase the land in Jeju-do as a joint project and to carry on the penture business. On April 19, 201, they concluded a sales contract under the name of the Defendant with the purchase of the land Nos. 1 and 2 with the joint investment money, and completed the registration of ownership transfer on the 24th of the same month.

C. Joint investors newly built the second floor detached house building (hereinafter “instant building”) on the land of this case with joint investment money, etc. and completed registration of preservation of ownership in D on December 8, 2003, and engaged in penture business as “J” in the said building.

On the other hand, on May 23, 2014, the Defendant set up a right to collateral security of KRW 39,000,000 with respect to the instant land No. 2, and borrowed KRW 30,000,000 with respect to the instant land.

E. On July 2015, Plaintiff A, E, F, G, and D (hereinafter collectively referred to as “five of the joint investors”) drafted a written agreement on the settlement of investment funds that Plaintiff A would purchase for KRW 350,00,000 and the instant land and the instant building (hereinafter collectively referred to as “each of the instant real estate”), and the main contents are as follows.

3. Five of the joint investors and five of the plaintiffs A shall pay the price for each of the instant real estate in the terms of the contract as follows by agreement:

The purchase price shall be KRW 350,000,000.

E The settlement amount for E shall be KRW 41,847,420, KRW 27,210,00 for the Defendant, KRW 50,07,410 for the settlement amount for the Plaintiff A, KRW 68,037,070 for the settlement amount for the Plaintiff, KRW 39,567,420 for the settlement amount for G, and KRW 52,940,680 for the settlement amount for D.

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