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(영문) 수원지방법원 2018.11.08 2018가단5276
출자금등반환
Text

1. The claim of this case is dismissed.

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

Reasons

Facts of recognition

On August 26, 2016, the Plaintiff entered into a contract with the Defendant for investment in the building C (hereinafter “instant commercial building”) located in Sejong City (hereinafter “instant contract”) (hereinafter “instant contract”). The details relating to the instant case are as follows.

("A" means the defendant, "B", and "A". In relation to this Agreement, Article 3 (Assignment and Scope of Duties, etc.), "A" and "B, respectively, shall perform the following duties:

(1) A, as the main body of the project, is to develop, operate, and sell the main building on the ground of the land to promote the interests of investors.

(2) Eul shall make an investment to Gap as an investor for the joint development of this project, and shall cooperate in Gap's execution of duties.

Article 4 (Subject Matter of Investment in B) (1) A and B shall designate subject matters of investment equivalent to their contributions, and shall transfer to B the designated lake at the time of completion of the building.

The indication of the investment zone in this case: 342,875,00 won in total supply price of 146,250,000 won in building price of 178,750,000 won in total: 178,875,000 won in value-added tax shall be determined as non-value-added tax amount, and Article 5 (Payment of Contribution, etc.) ① The amount of investment to be paid by 325,000,000 won shall be determined as non-value-added tax amount, and the amount of investment shall be determined as 17,875,000 won in case of sale in lots or distribution of objects of investment at the time of sale in lots.

(2) Eul shall pay the contributions referred to in paragraph (1) in installments as follows, consent to the installment payment by other investors, and the relevant amount of investment shall be paid in the bank's account designated under paragraph (4) of this Article within the due date for payment:

On August 26, 2016, August 26, 2016, 2016, August 26, 2016, 35,500,500,000 32,50,500,500,000,000 on the date of designation of occupancy as the designated date of August 26, 2016, the 6th 10% of the 6th 10th 5th 6th 200 investments of the 4th 4th 2nd 4th 7th 2000,000 32,50,500,00151,000,000 151,00,000,000 1.

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