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(영문) 서울중앙지방법원 2014.02.12 2012가단176970

주주권확인 등

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. G Co., Ltd. (hereinafter “G”) newly constructed H apartment units 6, 918 households, 1 commercial buildings, and other auxiliary facilities (hereinafter “instant apartment units”). The Plaintiffs and D entered into an investment agreement on March 9, 2007 for the purchase of the above apartment units (hereinafter “instant investment agreement”), and entered into an additional agreement on April 23, 2007 pursuant to the said investment agreement with G on April 4, 2007 (including housing business licenses, lease business licenses, and land), and entered into a complementary agreement on the instant apartment units (including the instant apartment units) (hereinafter “instant sales agreement”). < Amended by Presidential Decree No. 20213, Jun. 15, 2007>

B. The content of the instant investment agreement is as follows.

(1) The Plaintiffs’ obligation ① to enter into the instant apartment sales contract with G, bear the responsibility for the purchaser of the said apartment sales contract, and pay the down payment KRW 200 million to G.

② At present, the apartment of this case requires the pre-sale agreement, including all documents necessary for approval for conversion for sale in lots from the current lessee, and has applied for conversion for sale in lots with a written consent required for approval for sale in lots from the Ulsan Metropolitan City and has obtained such approval, and the public household is responsible for the sale

③ The instant apartment-related fund loan and additional bank loan are liable and arranged to the occupants.

④ At the time of the completion of the apartment project in this case, 5 billion won of the investment principal (hereinafter “the investment principal in this case”) and 6 billion won of the investment revenue shall be preferentially returned to D from the total sale price, and the excess profit remaining after the payment of the investment principal and the investment profit shall be reverted to the Plaintiffs.

(2) D Medical Plaintiff A is divided into down payment, unpaid rental deposit, etc.