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(영문) 부산지방법원 2018.07.13 2016가단61289

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. In around 2011, the Plaintiff entered into a partnership agreement with the Defendant to operate a business of constructing and selling “E building”, which is a multi-family housing (hereinafter “instant business”), by jointly purchasing D & 197 square meters (hereinafter “instant land”) in Suwon-gu, Busan (hereinafter “instant land”), and set the ratio of investment and profit distribution as 50% each, respectively.

(hereinafter referred to as “instant trade agreement”). (b)

1) Under the instant business agreement, the Plaintiff purchased the instant land in KRW 230,00,00 from C on February 18, 201, and began to construct the instant building through a construction business operator after completing the registration of ownership transfer in the future. On April 28, 2012, the Plaintiff began to construct the instant building through the construction business operator, and around January 2012, the E building F, G, H, and I (hereinafter collectively referred to as “instant building”).

Upon completion of the construction project, on January 19, 2012, the registration of initial ownership was completed as to 1/2 shares of each of the instant building and the Defendant’s future registration of initial ownership was completed, and thereafter, the instant building was sold to a third party as follows: (A) subparagraph F (1) J of the parcelling-out unit (JB of the parcelling-out unit (2) KRW 170,000,000; (3) subparagraph (Ga) G subparagraph (1) G of the unit unit, K of the unit, L (2) KRW 183,00,000, and ③ The date of the registration of ownership transfer (30,000, March 30, 2012) and each of the instant units (hereinafter “the instant building construction project owner and the Plaintiff”) were paid money to the unit owner as security or the instant unit construction project owner at KRW 30,000,000 after the date of the registration of ownership transfer.

Loans secured by the instant land are loans secured by H among the instant buildings on February 14, 2012.