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1. The defendant shall be the plaintiff.
(a) As regards KRW 195,264,370 among them and KRW 80,00,000 among them, from July 25, 2015 to the remainder.
Reasons
1. Basic facts
A. On December 18, 2010, the Plaintiff entered into an agreement on development (hereinafter “instant development agreement”) with D as to real estate listed in the separate sheet owned by the Plaintiff (hereinafter “each of the instant real estate”), and entered into a joint development agreement on real estate prop (hereinafter “instant development agreement”) with D as the representative director at the time of the Defendant Company (former: Co., Ltd.). The main contents are as follows.
Article 1 (General Provisions) 【A (Plaintiff)” and “B (Defendant Company)” of the Framework Agreement prescribe in this Framework Agreement the basic principles of development, rights, obligations and methods of development between the parties with respect to development projects of the Daegu Metropolitan City, Dong-gu, and one parcel (hereinafter referred to as “joint business”) owned by “A”, and the detailed conditions and details thereof shall be determined by separate contracts and special agreements, if necessary.
Article 2 【Price for Provision of Site】
1. “B” shall, in return for a joint project, be determined to “A” as the price of the site (including buildings) per one hundred million won, and the price shall be determined to “B” in the Daegu Metropolitan City E and one parcel, other than Daegu Metropolitan City E, owned, “B” shall be paid to “A” a part of the purchase price in cancelling the collateral mortgage of the project site (including buildings) at the time of transfer of ownership to a trust company, and the remaining balance shall be paid to “B” as a substitute (or officetels) an urban-type residential house (or officetel) and shall be paid in cash, if the sale in lots is completed after the approval for sale in lots, and if the settlement is not possible.
(C)Article 3(1)(B)(B)The term “B” means the development of the project site and the follow-up management business body as a good manager with respect to the development of the project site and the post-management business body of “A”, and the receipt of development profits in return therefor.
(b) Article 6 【Special Agreement Matters】 All taxes, including capital gains tax, shall be borne by “B”.
However, the time of the housing construction project plan shall be the time of approval (or building permit).