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(영문) 광주고등법원 (제주) 2017.01.25 2015나1811

소유권이전등기

Text

1.The judgment of the first instance shall be modified as follows:

The defendants are listed in the separate sheet Nos. 1, 2, 3.

Reasons

1. Basic facts

A. On April 22, 2011, the Defendants acquired 1/3 shares of each of the 3,792 square meters of the E, Seogpo-si, Seopo-si prior to the subdivision.

(B) The land before subdivision was divided into the land Nos. 1, 2, and 3 as indicated in the separate sheet on March 27, 2014, and the land category was changed to “site” on May 16, 2014, and the land category was changed to “site”; hereinafter “instant land”). (B)

On May 6, 2013, the Plaintiff entered into a joint venture agreement (hereinafter “instant joint venture agreement”) with F (Defendant B) to build a family hotel on the instant land and to operate it jointly. The main contents of the agreement are as follows.

A: Plaintiff 1’s joint investors and the name of Plaintiff 1’s joint investors A and B shall be incorporated, and the project investors shall be determined by the project investors.

A shall invest 50% of the land delegated to it, and 50% of the land B shall be invested in the form of cash investment.

The amount of cash investment shall be KRW 450 million (50 million up to KRW 500 million according to the circumstances).

The amount of cash investment shall be used for the construction of family hotels, etc., and the amount generated at least 500 million won shall be borne equally by each other.

At the time of contract, 10% (based on KRW 500 million) and the remainder shall be paid to A in accordance with construction permission and construction completed.

Article 2 Division of Profits and Loss-sharing Party A and B shall jointly divide the investment profits and jointly bear the investment losses according to the ratio of the total investment amount to the investment amount.

Article 6. The contract may be terminated in cases where a loss is incurred to B due to the violation of the contract by the Party A in charge of the violation of the contract, and the Party B may claim the damages against Party A.

Article 7 Otherwise, Article 7 must ensure that Party A can secure land-related ownership and rights to dispose of land, and Party A also secure such rights.

After the conclusion of the consultation, A shall continue to proceed with the change of land, submit the corresponding handway, and A shall have 50% of the land ownership and all land use rights, and A shall have them.