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(영문) 서울북부지방법원 2015.06.12 2014나565

수익금 분배

Text

1. The part of the judgment of the first instance against Defendant C as to the part on which the assignment of claims is sought.

Reasons

1. Basic facts

A. On April 20, 2004, the auction procedure was initiated with respect to each real estate listed in the separate sheet as Seoul Northern District Court D on April 20, 2004 (hereinafter “instant real estate”). On September 12, 2005, the Defendants entered into an agreement on joint investment and profit distribution with respect to the instant real estate with the following contents:

(hereinafter referred to as the “instant Convention”). The agreement on joint investment and profit distribution is an agreement on joint investment and profit distribution for real estate auction items between C (A) and B (B) with a view to fulfilling the mutual trust and good faith concerning the management from the auction and successful bid for real estate auction, and the distribution of profit arising from the sale of real estate.

Real estate auction number: The location of real estate property D in Seoul Northern District Court: The amount of investment under Article 1 (Implementation Date of Convention) A and B in Seoul Northern-gu E and the entire building shall be the date of successful bid of the real estate auction property.

Article 2 (Ratio of Investment Amount) Investment amount of Gap and Eul shall be 4/10 of the successful bid amount and 6/10 of Eul shall be invested.

Article 3 (Types of Expenses and Expenses) The various expenses incurred after the successful tender of this article shall include the following:

1) Tax and legal costs related to the acquisition of real estate 2) all expenses related to the reconstruction of real estate 3) expenses related to the reconstruction of real estate 4) expenses for the disposal of real estate 5) tax and expenses for the sale of real estate 4 (Expenses and expenses related to the sale of real estate 5) expenses, Article 4 (Expenses and Expenses Investment Ratio) expenses for the sale of real estate 5/10, and 5/10 shall be preferentially appropriated for common expenses, and the expenses shall be paid. The execution thereof shall proceed by the A. The net profits (other than purchase expenses and expenses) incurred from the sale of this article 5 (Distribution of Profits) shall be calculated and distributed in 5/10 and 5/10 profits.