beta
(영문) 서울고등법원 2017.08.24 2016나2090234

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. On October 25, 2016, the Plaintiff was the husband of I, and the conciliation was concluded that the Plaintiff divorced with I in the Seoul Family Court 2015Dhap3212 on October 25, 2016. (2) The Defendant is the Plaintiff’s husband and wife, and H is the Defendant’s husband and wife.

B. The Plaintiff and the Defendant entered into an investment agreement between the Plaintiff and the Defendant on July 9, 2004, and there are J and K in addition to C and H around July 9, 2004. Since 416,364m2 in Yongsan-gu in Manyang-si, Seoyang-si, the land was divided into 14,684m2 and 1,680m2 in Goyang-gu and 1,680m2 in order to divide the land into 14,684m2 and 1,680m2, and F land was divided into 90m2 in F forest and 990m2 in size on December 1, 2014 (hereinafter “D forest”).

(3) The Plaintiff, Defendant, and H: (a) the Plaintiff and the Defendant in the case of the Plaintiff; (b) KRW 300 million in the case of C; and (c) KRW 400 million in the case of J and K, each of which is KRW 100 million in the case of the Plaintiff, and KRW 100 million in the case of the Plaintiff, and KRW 100 million in the case of the Plaintiff and K. The investment agreement with a view to distributing the amount in accordance with the instant investment agreement (hereinafter “instant investment agreement”).

Around that time, the Plaintiff and the Defendant paid KRW 300 million each of the investment amounts under the investment agreement of this case to C and H. The main contents of the investment agreement of this case are as follows.

Investment Agreements

1. Category of business: Land purchase, and joint development;

2. Location of land: in carrying out a joint project as set forth above at 600 square meters in the portion of M M (2,475 square meters) of one half of the share in the amount of one half of the total amount of shares in Il-gu, Seoyang-si, Seoyang-si, Seoyang-si, Yangyang-si, the agreement shall be made as follows:

-The following-O 400,000,000 P 1.1 billion,000,000 other than 5,000,000,000

3. Investment in capital: The above-mentioned partners will invest the capital of the above business in accordance with their own shares.

2. Distribution of profits: The above enterprisers shall indicate the profits accruing from the business in proportion to their respective shares.

(3) Registration: