logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2020.09.01 2019가단114097
정산금반환청구의 소
Text

1. The Defendants: Defendant C, D, and each of the above amounts against Plaintiff A, KRW 1,66,66, and KRW 833,33, respectively, and each of the above amounts.

Reasons

1. Basic facts

A. The Defendants are lineal descendants of the deceased I (hereinafter “the deceased”). On April 26, 1989, the deceased drafted a joint purchase agreement with the Plaintiffs on real estate with the following contents.

Marking of real estate: Joint purchase by investing KRW 10,00,000 in total purchase amount of KRW 54,20,000 (including incidental expenses) and KRW 5,000,000 by Plaintiff B, when jointly purchasing real estate above KRW 2,186,00 before J in Si-si in Gyeonggi-do.

(Provided, That the registration of purchase shall be made in the sole name of the deceased and shall be settled on the next day).

On April 26, 1989, the Deceased completed the registration of ownership transfer with respect to the land before J 2,186 square meters (hereinafter “the land before the instant subdivision”). On February 28, 1996, the said land was divided into 1,68 square meters before J, Y, 439 square meters before Silung-si, and 59 square meters before Silung-si.

C. On July 26, 1996, the area of 439 square meters prior to K was expropriated at Silung-si, Silung-si, and on May 12, 2000, the ownership was transferred to M on May 12, 200.

Since then, the Deceased died on May 19, 2018, and on June 4, 2019, Defendant C, D, E, and F completed inheritance registration by agreement and division with respect to each one/4 of the land of 1,688 square meters (hereinafter “instant land”).

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 3, 5 through 7, 9 (including paper numbers), the purport of the whole pleadings

2. The primary claim and judgment

A. The plaintiffs asserted that they agreed to jointly purchase real estate with the deceased and to operate a joint business to distribute market profits by selling the real estate and then divide their profits according to their investment ratio. As long as they agreed to dissolve an association with the agreement of the plaintiffs, a member of the association, who remains after withdrawal from the association due to the death of the deceased, the defendants, the deceased's heir, as the plaintiffs, shall make a settlement amount according to their investment ratio in the land of this case according to the method of distributing the residual property of the association respectively.

arrow