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(영문) 서울고등법원 2017.09.29 2016나2063379

양수금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. 1) Nonparty C and E are Nonparty B Co., Ltd. (former trade name: G Co., Ltd.; hereinafter “Nonindicted Co., Ltd.”)

2) The Plaintiff established the Plaintiff and established the Plaintiff, and 1,946.4m2 (hereinafter “instant site”).

(1) The business of constructing a new brokerage hole building on the instant site (hereinafter referred to as the “instant business”) which operates a large restaurant in and on its ground.

2) On October 21, 201, the non-party company, non-party C, E, and D, and I, jointly owned the instant site, concluded a contract for the construction of a new construction of a futures market building on the said site (hereinafter referred to as “instant construction”) with a cost of KRW 7.38 billion for construction work.

B. On September 18, 2012, the Defendant entered into a joint business agreement with Nonparty E and J on the instant project, which represented Nonparty E and the contractor, as follows (hereinafter “instant first business agreement”).

Article 3 (Transfer of Land, etc.)

1. The Yeongdeungpo-gu Seoul shall be transferred to the defendant;

2. L, M, N,O, P (I and non-party company shares each 1/5) shall be transferred to J.

3. Other parcels shall be the owners (E, C, D, Q) on the current registry.

4. The value of the whole land shall be 16 billion won.

Article 4 (Transfer of Registration of Building) The name of the wa Holdings building in the present place of business shall be the joint ownership by the defendant, the non-party E, and the J, and the shares shall be one third.

A change of the name of a project owner shall be made immediately after the transfer of ownership is registered.

Article 4 (Article 4) is written twice in writing.

(Financial Obligations) The financial obligations existing or to be incurred in the future shall be jointly and severally liable to each business operator one-third and payable interest and all costs on the fixed date.

Article 5 (Raising Funds) The project funds necessary for this project by lending money to the business operator as collateral real estate under the name of the defendant and J.