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(영문) 수원지방법원 2014.11.20 2012가합19584

이익분배금

Text

1. Defendant (Counterclaim Plaintiff) B: (a) KRW 78,771,933 on the Plaintiff (Counterclaim Defendant) and its related thereto from February 20, 2014 to November 20, 2014.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. On May 2008, the Plaintiff and Defendant B purchased a joint investment in the same proportion as patrolmen, and entered into a business agreement with D 365 square meters in Suwon-si, Suwon-gu, Suwon-si (hereinafter “instant land”), the E large 136.2 square meters in Suwon-si, Suwon-si, Suwon-si, and F large 149.2 square meters in size (hereinafter “instant two land”) (hereinafter “instant two land”); and the Suwon-si G large 166.3 square meters in Suwon-si, Suwon-si (hereinafter “each of the instant land”; hereinafter “each of the instant land”). In addition, the Plaintiff and Defendant B purchased a new building on the same proportion and sold it to divide the remainder of the building into one half of the profits (hereinafter “instant business agreement”).

B. Since September 4, 2009, the Plaintiff and Defendant B prepared each of the following contracts with regard to the joint business with respect to the land of this case 1 and 2 (hereinafter each of the joint business refers to H business, I business, and the name of ownership on the register of each of the instant land and each of the buildings newly constructed on the ground thereof is H and I business in the case of H and I business, in the future designated by Defendant B, in the case of the joint business with respect to the instant three real estate (hereinafter referred to as “J business”), and the person designated by the Plaintiff as the designated by the Plaintiff in the case of H and I business.

(On the other hand, with respect to the business, a separate contract has not been made) - Joint contract for the real estate sale business of the K building - The plaintiff and the defendant B, with respect to the real estate sale business of the K building (Yong-gu D), shall enter into an agreement as follows:

1. Current status of construction - Land: Young-gu D (K Building) in Suwon City - Building: The whole building (six-story building);

2. Major Terms and Conditions - In purchasing land and constructing houses and buildings, both the Plaintiff and the Defendant B will make an investment at the same ratio.

- - Sales profits after the new construction of housing and buildings will be distributed at the same rate after settlement.

- The sales loss occurred after the new construction of housing and buildings.