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(영문) 의정부지방법원 2014.09.23 2014가단7063

수익금 등 반환

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Both the Plaintiff and Defendant B agreed to divide between the Plaintiff and the Defendant B, with the knowledge that the Korea Land and Housing Corporation, while running the business of selling the land of the area equivalent to 10% of the purchase price at the time of selling in lots, while selling in lots the land of the area of the land of the area equivalent to D or E, which is composed of the original residents of both weeks, should be paid to the association free of charge.

B. In summary of the process until the Plaintiff and Defendant B received 10% of the sales price from the Korea Land and Housing Corporation, the Plaintiff and Defendant B, separate from the association consisting of original residents, invested money from investors, purchased the right to become its members from the original residents with the investment price, and received land in the condition that only the land sales price was paid to the Korea Land and Housing Corporation. Re-sale of the land so sold and paid the sale price to the said Corporation as the resale price, divided the remaining sales proceeds (the difference between the pre-sale price and the sales price) according to the investment ratio to investors, and then divided the remaining sales proceeds into 10% of the sales price received without compensation from the Korea Land and Housing Corporation.

B is divided into the Plaintiff and the Defendant B.

C. In accordance with the above agreement, the plaintiff and the defendant B made eight cooperatives composed of the original residents. Among them, the first association divided the profits of the above 10% by jointly running the business between the plaintiff and the defendant B. The sixth association has the defendant's own profits of the above 10% by running the business of the plaintiff's husband and wife. The remaining associations agreed that the plaintiff will have the profits of the above 10% by running the business.

The six-party partnership in which the Defendants’ husband and wife are running the business process is set at two weeks.