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(영문) 인천지방법원 2013.11.12 2012가합33378

가등기 청구의 소

Text

1. The business partnership agreement of January 20, 2003, Nov. 11, 2006, and the business partnership agreement of November 2006, of the defendant (Counterclaim plaintiff) against the plaintiff (Counterclaim defendant). < Amended by Act No. 8835, Jul. 2, 2007>

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The progress of the instant partnership business 1) Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) is only the Plaintiff.

(1) Defendant (Counterclaim Plaintiff, hereinafter “Defendant”) and Defendant (hereinafter “Defendant”)

) The land listed in paragraph 1 of the attached Table (hereinafter referred to as “instant land”) shall be jointly borne by the Fund.

(B)A building listed in Section 2 of the Schedule on the ground and on the ground (hereinafter referred to as “instant building”).

) The project, etc. (hereinafter referred to as the “instant project”) shall be so set soup in the above land and the above ground buildings, building C and its ground buildings, D land, E land, F land, and G land at the Southern-gu Incheon Metropolitan City, and at the above land and its ground buildings;

(2) On September 27, 2001, the Plaintiff and the Defendant purchased the land of Nam-gu Incheon Metropolitan City H land, I land, and J land under the name of the Defendant in order to use the land as a parking lot, respectively, around 2002, in order to use the land as a parking lot.

(hereinafter, including the instant land and buildings, the Plaintiff and the Defendant purchased or woned the said land and buildings for the instant project (hereinafter referred to as “the instant property”).

1) As to the instant business on January 20, 203, the Plaintiff and its wife, K, the Defendant, and L, their wife, shall: (a) share the profits equally on the end of each month; (b) share the losses; and (c) jointly and severally assume obligations equivalent to KRW 2.4 billion in total, including the borrowed money and the obligation to return the lease deposit, and the obligation to return the lease deposit, etc., under each name in connection with the instant business (hereinafter “instant first business agreement”).

(2) The Plaintiff and the Defendant are expected to be admitted into a zone promoted by the Korea Land and Housing Corporation, including the instant land and buildings, following the conclusion of the contract.