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(영문) 서울고등법원 2015.10.30 2014나53105

약정금

Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of this court concerning this case is as follows. Thus, this court's explanation is the same as the reasoning of the judgment of the first instance except for partial revision as follows. Thus, this court's explanation is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure

o No. 9-13 of the judgment of the first instance court, "A. H Co., Ltd. newly built and sold "E," which is a neighborhood living facility of the third and fourth floor above the ground level, on the land level of the third and second floor above Goyang-gu, Yongsan-gu, Busan-si, and the second and second floors above. On June 2007, the plaintiff completed the registration of ownership transfer on the above E 201 (hereinafter "the building of this case") and entered into an agreement with the defendant C where the representative director of H Co., Ltd. was a representative director of H Co., Ltd., to sell the building of this case to other persons and divide profits after completing the interior work with the permission of a singing practice room." The plaintiff added "B B 1 and 4" to the third and third shapes.

o. Article 703 of the Civil Act provides that “A contract stipulating that a joint business is to be operated (Article 703 of the Civil Act)” of the first instance court Nos. 2 and 3 provides that “a contract stipulating that a joint business is to be operated, which is limited to a joint business agreement that is to run a specific business, can be deemed as a limited partnership agreement. It is merely merely a mutual cooperation for achieving the common purpose, and it is not recognized that a joint business is operated beyond this purpose, it cannot be deemed that the requirements for establishment of a partnership

o Article 10 of the first instance court Decision No. 4, 10 of the " Fact that only the provision exists" shall be referred to as "fact that only the provision exists and Defendant B agrees with respect to the above transaction."

2. In conclusion, the plaintiff's claim of this case shall be dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and it is so decided as per Disposition by the court below.