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(영문) 인천지방법원 2015.09.09 2014가합11693

양수금등

Text

1. Defendant Jeju Construction Co., Ltd. shall pay to the Plaintiff KRW 102,755,580 as well as its full payment from November 18, 2014.

Reasons

1. Basic facts

A. Defendant A’s investment agreement 1) Macheon-si B 715.1 square meters was originally the land for which C entered into a sales contract with the Korea National Housing Corporation to purchase KRW 900,000,000 from August 8, 2003. Defendant A and D jointly take over the status of the purchaser of the above land with the investment deposit of Defendant A, and following D’s implementation of D, they jointly take over the above status of the buyer as to the above land, the above building was referred to as “the instant building” and the site “the instant land.”

(3) On April 26, 2004, Defendant A made an investment contract with the following contents: ① The amount to be invested in Defendant AD shall be KRW 2 billion; ② D shall pay the said investment amount to Defendant A by cash until October 31, 2004; and KRW 1 billion shall be paid to Defendant A by cash until December 31, 2004; ③ even if the sale of the instant building is low, D shall pay the sale price to Defendant A in preference to the construction cost. ④ At the same time as the execution of the said investment bond by Defendant A, D shall have the name of the owner of the instant building and KRW 90 out of the shares of the instant building, and D shall have the name of the owner of the instant building and KRW 200,000,000,000 under the name of the owner of the instant building and KRW 40,000,000,000 among the shares of the instant building, at the same time, D shall enter into the said construction agreement with Defendant A2 and the owner of the instant building.