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(영문) 인천지방법원 2020.02.13 2019가합51153

동업재산반환청구의 소

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1. The Plaintiff (Counterclaim Defendant) paid KRW 6,695,564 to the Defendant (Counterclaim Plaintiff) and its related amount from June 1, 2019 to February 13, 2020.

Reasons

1. Basic facts

A. In around 2015, the Plaintiff and the Defendant entered into a partnership agreement to construct and sell two multi-household houses (hereinafter “instant partnership agreement”) by investing KRW 400,000,000, respectively.

B. According to the instant trade agreement, the Plaintiff and the Defendant newly constructed, from July 2015, 2015, E-Ba of 22 households on the ground of Boan City D (hereinafter “instant 1-Ba”) with the Plaintiff’s ASEAN as the owner of the building, and completed around May 2016. From June 2016, the Plaintiff and the Defendant newly constructed the C’s Hae-Ba (hereinafter “instant 2-Ba”) with the Defendant as the owner of the building, and completed the construction on March 2017.

C. The deposit details of the first loan of this case sold by the Plaintiff and the Defendant are as listed below.

세대 책정 분양대금(원) 계약한 매매대금(원) 지급받은 매매대금(원) 비고 I 150,000,000 150,000,000 150,000,000 J 140,000,000 140,000,000 140,000,000 K 148,000,000 148,000,000 148,000,000 L 154,000,000 154,000,000 154,000,000 M 153,000,000 153,000,000 153,000,000 N 139,000,000 139,000,000 139,000,000 O 153,000,000 153,000,000 153,000,000 P 150,000,000 150,000,000 150,000,000 Q 153,000,000 153,000,000 153,000,000 R 140,000,000 140,000,000 140,000,000 S 150,000,000 150,000,000 150,000,000 T 154,000,000 154,000,000 154,000,000 U 140,000,000 140,000,000 140,000,000 V 140,000,000 140,000,000 140,000,000 W 150,000,000 150,000,000 150,000,000 X 157,000,000 157,000,000 157,000,000 Y 109,000,000 109,000,000 109,000,000 Z 125,000,000 125,000,000 125,000,000 AA 133,000,000 133,000,000 123,000,000 10,000,000원 미납 AB AC 170,000,000 170,000,000 170,000,000 9,150,000 수령한 AB, AC호 월세 AD 100,000,000 100,000,000 100,000,000 합계 3,007,150,000

D. The details of deposits by each household of the second loan of this case sold by the plaintiff and the defendant are as listed below.

I.35,00,000 135,000,000 135,000 135,000,000,000 of the sales price (the purchase price) which was paid for the sale price agreed upon at the cost.