분양대행 수수료 등 청구의 소
1. The Defendant: (a) KRW 251,685,566 to Plaintiff A, and KRW 5,825,754 to Plaintiff B, and each of them on May 23, 2015.
1. Determination as to the Plaintiff’s claim for return of investment funds
A. Plaintiff Company’s assertion was established on July 21, 201, and Plaintiff Company was established from the time of its incorporation to March 13, 2015, and Plaintiff B was the representative director of Plaintiff Company, and F from March 13, 2015 to March 13, 2015, is the representative director of Plaintiff Company. On August 10, 2011, the Plaintiff Company entered into a joint agreement with the Defendant regarding the sales business of the business of selling the business of selling the officetel on the ground of Sungwon-si, Sungwon-si, Sungwon-si, Sungwon-si, and invested KRW 500,000 in total.
Since the sale of the above building was fully completed, and the agreement of the above joint project was made to repay the initial input fund first after the commencement of the sale price, the defendant is obligated to return the plaintiff company's investment amount of KRW 500,000,000 to the plaintiff company in accordance with the above joint project agreement.
B. According to the evidence No. 4 and No. 3 of the joint agreement, the Plaintiff Company and the Defendant, around August 201, entered into the joint agreement, shall carry out the construction and sale of the D ground buildings in Seongbuk-gu, Sungwon-si (hereinafter the above land “instant site”), and the above building “the instant building,” and “the instant project”.
(2) A joint agreement to carry out the joint project and to share the proceeds in proportion to 5:5 (hereinafter referred to as “instant joint project agreement”).
(2) The Plaintiff Company’s certificate (including serial number; hereinafter the same shall apply) Nos. 4 through 7 (Ga number) is the same as the “Joint Project Agreement” in attached Form 1.
In full view of the purport of each of the entries and arguments in this case, the Plaintiff Company paid KRW 430,000,000 in total by depositing in the account in the name of the Defendant representative director or paying the check as shown in the following table from August 9, 201 to January 17, 2012 pursuant to the joint business agreement in this case.
Evidence No. 5 of the amount of No. 100,000,000 No. 100 on August 9, 2011; 2.00,000 on August 10, 201; 5.