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(영문) 서울고등법원 2015.11.06 2014나34272
잔여재산분배
Text

1. The plaintiff's appeal is all 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. The Plaintiff and the Plaintiff’s wife E (hereinafter “Plaintiff’s family member”), the Defendants (Defendant B’s wife, Defendant C’s wife, Defendant D’s wife, Defendant D’s wife, and Defendant B’s wife), F and F’s husband G (hereinafter “F family member”) were part of the above land of the size of 674 square meters in Seocheon-si, Seocheon-si, H 7,855 square meters in around August 19, 201, and 103 square meters in L, 710 square meters in M, 710 square meters in total, 710 square meters in total, P, 104 square meters in total, 710 square meters in total, 710 square meters in total, 104 square meters in total, 694 square meters in total, 694 square meters in total, 2825 square meters in total, 293 square meters in total, 203 square meters in total, and 934.

3. V 10 square meters, W 95 square meters, X 138 square meters, X 138 square meters, andY 2,296 square meters, among the above land, H, K, M,O, Q, Q, the land category of which was changed into “large” on September 26, 2012, and on July 3, 2013, its land category was changed to “large” on July 3, 2013. The purchase of “B” and the construction of the pen shall be conducted on that ground; the Plaintiff’s family members shall take charge of the management of guest rooms, such as equipment management, cleaning, etc.; the Defendants shall bear the purchase of land and construction expenses; and the profits acquired through the pension business shall be distributed to the Plaintiff’s family members and the F, and the Defendants agreed to distribute them to the Plaintiff’s family members and the F, 13/3 of each ratio.

(hereinafter referred to as the “instant partnership agreement”). B. The partnership established under the instant partnership agreement (hereinafter referred to as the “instant partnership”).

Defendant B purchased on August 11, 2009 the above H land and I return 188 square meters (However, I’s land does not seem to have been invested in the instant association) in total, KRW 270,00,000 on the purchase price, and completed the registration of ownership transfer on H’s land under the Plaintiff’s name as it was difficult for Defendant B to obtain the qualification certificate for acquisition of farmland on September 18, 2009. In order to prepare access roads for the pension business of this case, part of the above land on November 16, 2009, which is 1,342 square meters, shall be 778 square meters in Zland and 41 square meters in AA.

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