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(영문) 부산지방법원동부지원 2017.12.08 2016가합105519

배당이의

Text

1. The Busan District Court prepared on December 20, 2016 with respect to the auction case of D's real estate in Busan District Court's Dong Branch.

Reasons

1. Facts of recognition;

A. B Co., Ltd. (hereinafter “Plaintiff, regardless of whether the trade name was changed to the Plaintiff on June 1, 2015; hereinafter “Plaintiff”) concluded a joint investment agreement (hereinafter “instant joint investment agreement”) with the Defendant on April 15, 2015 with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) on the grounds of sale and purchase as of February 12, 2015, and entered into a joint investment agreement (hereinafter “instant joint investment agreement”) with respect to the extension and sale of E buildings located in No. 1 land listed in the separate sheet No. 1 as of June 4, 2015.

The main contents are as follows:

Joint Investors A representative F (hereinafter referred to as “A”) and Joint Investors C Co., Ltd. (hereinafter referred to as “B”) shall prepare investment contracts related to the extension of buildings and the sale and investment in lots (hereinafter referred to as “business”) located in Suwon-gu, Busan (hereinafter referred to as “B”) and shall comply with them in accordance with the principle of mutual trust and good faith.

Article 1 [Purpose] The purpose of this Agreement is to make joint investments with Gap and Eul in relation to the project, to guarantee the profit of at least 3 billion won for the investment revenue generated from the project, to distribute the profit of at least 1 billion won to Gap and Eul at the rate of at least 1:1, and to arrange all the following matters.

Article 3 [Methods of Invested Funds]

1. A shall complete the purchase of the land and buildings by completely removing the legal interference with the project with respect to the site and buildings, and shall also be responsible and completed by A for all persons and permissions for the project.

2. Pursuant to this Agreement, B shall include the costs of the construction resulting from the extension at the expense of B and shall be responsible and completed.

3. The selection of the contractor under paragraph 2 shall be conducted in B, and the Party A shall not participate in the proceeding.

Section B shall be determined for the payment of the cost of construction.

In other words, this Agreement between A and B shall be applied until completion.