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(영문) 의정부지방법원고양지원 2017.10.25 2016가단91485
이익금분배
Text

1. The Defendant: (a) KRW 24,142,758; (b) KRW 21,53,216 to Plaintiff A; and (c) from October 15, 2016 to each of them.

Reasons

1. On September 26, 201, the Plaintiff and the Defendants concluded a business partnership agreement for the new construction of multi-household housing (hereinafter “instant partnership agreement”) on the land on the ground, such as the Seoyang-gu Seoul Metropolitan City D large 505 square meters on the ground.

(1) The land value of the plaintiff and the defendant shall be KRW 344,00,000,00 in the name of the land E, and KRW 118,00,000,00 in the benefits after the construction shall be paid at the intervals of three persons.

Taxes and taxes and public charges incurred in relation to the above land shall be borne by three persons, and the Corporation shall bear the construction cost equally, and the building shall be completed and the same shall be apportioned equally to the remainder, except for the expenses incurred after the sale.

In relation to the project, E shall not participate in the project, three persons shall proceed, and all of the items (accidents, fines, civil petitions, etc.) generated in connection with the project shall be responsible.

The Plaintiffs and the Defendant invested KRW 123,606,00 each in accordance with the instant trade agreement.

After that, according to the instant business contract, F-building, which is multi-family housing of the fourth floor (8 households; hereinafter “instant housing”) on the ground, such as the said D land, was completed and sold in lots.

On June 20, 2012, the new construction of the instant housing was completed, and the registration of initial ownership was completed for the total eight households, and the sale of the instant housing was completed for eight households until November 2014.

The general list by the Defendant based on the instant trade agreement (hereinafter “instant general list”) is as follows:

The Plaintiff A’s payment amount of KRW 809,00,000 for the total amount of 809,00,000 -110,00,000 -16,70,000 -110,000 -110,00,000 additional payment amount of KRW -16,70,00 - the amount of the E payment of KRW -462,00,000 (including KRW 118,00,00) - taxes and public charges of KRW -79,10,350, 14,49,650 E died on August 5, 2012, and the Defendant inherited.

【Ground for Recognition: Each entry of Gap evidence of 1 to 7, Eul evidence of 1 to 3】

2. The parties' assertion

A. The plaintiffs asserted that the expenses that the defendant deducted are as follows.

Accordingly, the plaintiff.

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