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(영문) 서울남부지방법원 2015.07.17 2014가합11247
정산금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The outline of Article 1 (Opening of Business) of the Agreement between the Plaintiff and the Defendant C is as follows.

1. Project name: A new E (tentative) project and sale in lots;

2. Project area: General commercial area G out of the F created land;

3. Site area: 1,750 square meters (529 square meters).

4. Scale: 4th underground floor and 10th ground;

5. Structure: A steel-framed reinforced concrete structure.

6. Uses: In order to achieve the objective of the project, the ordinary family/F creation site S3 (Mutual Roles and Distribution of Profits) the Plaintiff and the Defendant C shall share the duties and distribute profits as follows:

1) The Plaintiff’s role and duty (1) The Plaintiff purchased the instant land at the Plaintiff’s expense and provides it to the project. Moreover, there are no defects such as financial loans, collateral security, provisional seizure, etc. on the land at the time of providing the said land. (2) In order to promote the project, the Plaintiff consents, cooperates with respect to the disposal of the land by securing the loan, and the shortage of expenses and construction cost is completed by using the PF funds as collateral. (2) Defendant C’s role and duty (1) Defendant C is responsible for the overall affairs of the project, and is in charge of all affairs, including design, construction, sale in lots, and administrative affairs, from the project plan.

② All expenses incurred by Defendant C’s organization and operation of Defendant C on duty and the management duties required for the role of Defendant C, shall be borne by Defendant C.

Provided, That expenses directly incurred in conducting business, such as design expenses, supervision expenses, construction expenses, sales fees, trust fees, and all kinds of taxes and public charges, shall be handled from the proceeds from the joint project.

3 The distribution of earnings and the distribution of earnings accrued from this project shall be settled in the following forms:

(1) The building shall belong to the plaintiff from five to ten stories above ground among this building.

2. From the first to the fourth above ground of this building, the sale and lease shall be made.

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