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(영문) 대전고등법원(청주) 2016.05.17 2015나11152

약정금

Text

1. Of the judgment of the first instance, the part against the Plaintiff’s succeeding intervenor (Counterclaim Defendant) is modified as follows.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On February 6, 2012, A, E, and Defendant D entered into a partnership business agreement (hereinafter referred to as the “instant partnership business agreement”) with respect to the business of newly building three apartment houses (hereinafter referred to as “the instant land”) on the land of Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-si, and each of the instant apartment houses (hereinafter referred to as “first apartment houses”) and the instant apartment houses (hereinafter referred to as “instant land”) on the L ground; and the main contents of the agreement are as follows.

Section 1 (Purpose) of this Agreement is to make an investment in land under the delegation of C by three persons for the purpose of running a mutual joint business, and two persons (A and E) shall jointly invest in the total amount of construction costs and all other facility costs.

Article 2 (Joint Investment Matters) Three persons mutually agree to undertake the relevant projects by investing specified expenses in each of the following projects:

1. Project name: Urban residential housing;

2. Location of land: The '3,036 square meters agreement of the land No. 1 in this case owned by C’ appears to be a clerical error.

- All land of this case No. 2

3. 1) C: D to delegate to D all rights to the relevant land (price, time, method of disposal, taxes, etc., and all rights to the relevant land ownership): D: Acquisition of rights to the relevant land delegation and construction execution 3) A; E: Costs of loan and all construction costs, and land costs of sale in lots (payment of land costs) under Article 4 (Payment of Land Costs) shall be calculated as one billion won per square year; and D (M) when allocating profits among three joint investors, it appears that the “M” under the agreement appears to be a clerical error.

Article 5 (Business Promotion Expenses)

1.In the course of the Project, A shall use 30 million won as the preferred investment for project costs.

Article 6 (Procedures for Collection of Contributions and Distribution of Profits)

1. Payment shall be made to D after completion;