(영문) 서울고등법원 2015.02.06 2011나81598

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(영문) 서울고등법원 2015.02.06 2011나81598

정산금 등

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff’s promotion of the new apartment construction project (the former company was C, but the former company was changed to the current company on December 1, 2005).

) The business of constructing and selling apartment units in the Namyang-si Lwon (hereinafter referred to as “instant business”).

(2) On June 11, 2004, the Plaintiff purchased 1/2 shares in each of the eight parcels of land owned by the Defendant from the Defendant and purchased 7,596,000,000 shares in each of the eight parcels of land owned by the Defendant. (2) In around 2005, the Plaintiff entered into a contract for construction work with the gold industry Co., Ltd. (hereinafter “gold industry”), and the Plaintiff entered into a contract with the Plaintiff setting the construction cost as KRW 50,524,240,00 for the said new apartment construction work in the gold industry.

B. After the conclusion of the instant trade agreement with the Plaintiff and the Es. Industry, the prospective project site in this case was subdivided, and M and N own 1/2 shares for 10 parcels out of 16 parcels, excluding state-owned and public land, and the Defendant and N own 1/2 shares for the remaining six parcels, respectively. 2) The Plaintiff jointly carries out the instant project with the Es.S. Co., Ltd. (hereinafter “NS Industry”) on May 15, 2006. The Plaintiff purchased N's shares for purchase of N and M, acquired N's ownership (Article 1), acquired N's shares for sale (Article 2(1)), and acquired shares for 1/2 shares for sales, including sales revenue (Article 2(1)); the cost of the project incurred prior to the said agreement shall be borne by the Plaintiff and the cost incurred after the said agreement shall be borne by each purchaser, and each of the parties shall be liable for the purchase of land (Article 2(2) of the agreement with the Plaintiff and each of the third parties to the agreement (3).

(hereinafter “instant trade agreement”). The Plaintiff and the Plaintiff pursuant to the instant trade agreement.

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