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(영문) 인천지방법원 2018.02.06 2017가합54974
공동사업약정해제확인
Text

1. Each contract is concluded between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) on the size of 1,819.2 square meters in Yeonsu-gu Incheon.

Reasons

1. Basic facts

A. As of the date of the closing of argument in the instant case, the Plaintiffs are co-owners sharing the instant land with the company, etc., and the Defendant is the executor of the construction project of the main complex building (hereinafter “instant main complex building”) on the ground of the instant land (hereinafter “instant project”).

The co-ownership relationship of the land of this case is as listed below [Attachment 1].

3. Sale on July 27, 2015, J. 1/44: (a) 1/11 of F1 of the date of registration as the date of the date of the registration as the date of the cause of registration for the transfer of ownership, who is the holder of the ownership transfer registration, as the holder of the ownership transfer registration; (b) 1/11 of H 1/4 on June 29, 2016; and (c) 1/44 on July 27, 2015, J. 1/444 on July 30, 2015; (d) 1/41/11/22 (D 1/22) on July 13, 2015; and (d) 1/41/30 on July 30, 2015; (e) 1/1/41/20 on July 30, 2015, Plaintiff C1/222 (D 1/1/11/222) on May 26, 2018, 2018, 2013

B. 1) On July 10, 2006, the implementation plan for the Incheon Free Economic Zone Y was approved and publicly announced, and the land in this case and 74 lots in Yeonsu-gu Incheon Metropolitan City Zdong area, including the land in this case, are the Incheon Free Economic Zone Y (hereinafter “Y”).

(2) Around 2009, the Plaintiffs were designated as a joint business agreement (hereinafter “joint business agreement of this case”) with the Defendant, each of which was executed with respect to the share of the Plaintiffs among the instant land, which was invested in kind by the Plaintiffs, and the Defendant entered into a joint business agreement with respect to the supply of apartment houses or commercial buildings, the sales area of which is 171.91 square meters, among the instant main complex buildings newly constructed on the instant land.

The main contents of the instant joint project agreement are as follows.

Article 3 (Rights and Duties of Plaintiffs)

1. The Plaintiff is an investment in kind necessary to promote the instant business.

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