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(영문) 부산고등법원(창원) 2020.09.03 2019나12711

약정금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff and C’s sales contract, etc. 1) The Plaintiff concluded the sales contract, etc. with the Plaintiff and C’s 2nd L and E(hereinafter “instant L”) among the aggregate buildings located in macro-si D.

on July 9, 2015, G Co., Ltd. (hereinafter referred to as “C”) whose representative is an in-house director.

A) B B B B B B B between the project site in the instant case.

(2) A joint business agreement to build a new hotel building in units (hereinafter “instant joint business agreement”)

The key contents of the contract are as follows. The agreement shall be determined to jointly and severally carry out the project in accordance with the specific investment ratio and allocation ratio for real estate development by the members of the joint project undertaker mobilized the land, finance, management and professional personnel, and to which the members of the joint project undertaker agree to carry out the project in accordance with Article 1 of the contract for prop common projects:

1. Project name: M;

2. Project site: The project site in this case;

3. Scale and purpose of use of a hotel for sale in lots: The number of members of the joint project undertakers under Article 3 (Members of Joint Project Undertakers) of the business facilities ( underground five stories and ground 27 stories) shall be as follows:

1. Executor: C (G of the representative director);

2. An investor in a land ownership and joint project: Article 7 (Sharing Roles of Each partner);

1. Each member shall be responsible for bearing project expenses or performing duties, referring to the following matters:

C: Affairs for real estate development shall be managed by C and promoted under mutual cooperation.

(1) Effective Company C shall pay to land owners a profit arising from the payment of land and joint projects as the goods of the project site.

(b) Land owner: Provision of a project site (this case E and L);

3. As to the instant L L, owned by the Plaintiff, a sales contract of KRW 120 million is concluded, and a down payment of KRW 12 million is paid, and an intermediate payment and a balance of KRW 18 million is paid on September 1, 200, and the payment of the purchase price in full is immediately made.