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(영문) 서울고등법원 2015.11.12 2014나47100
약정금
Text

1. The judgment of the first instance court, including a claim modified in the trial, shall be modified as follows:

Defendant C.

Reasons

B. On April 15, 201, the Plaintiff, Defendant C, and Nonparty D agreed to engage in a new construction and sale business of urban residential housing, and to engage in a legal act under the name of Defendant C, a living partner, and entered into a joint investment agreement as follows:

(hereinafter referred to as the “instant business partnership agreement”). * Real estate indication: The Seoul Gangnam-gu Seoul Metropolitan Government E (hereinafter referred to as “E”) land (hereinafter referred to as “F land”) located in Songpa-gu (hereinafter referred to as “F land”) Article 2(1) of the Songpa-gu Seoul Metropolitan Government Ordinance of the Ministry of Land, Infrastructure and Transport (which will remove a single house and newly construct an urban-type residential house) and if the Plaintiff and the Defendant C make an investment in goods together with the goods and make profits, D and the Defendant C shall distribute profits at the ratio of 1/3 from the remaining profits after deducting the investment amount and various expenses.

Article 4 (Extension of Period and Prohibited Matters)

1. D and Defendant C should not be involved in any third party other than real investors (D’s actual investors are C.). The Plaintiff, Defendant C, and the above D purchased land and E in accordance with the instant business agreement and completed a new registration of sharing of 1/3 shares, and then constructed and sold each building on the ground of the above land, they agreed to own 201,203, 302, 304, 402, 501, and 502 out of the housing on the ground of the land of Defendant CF land through an exchange contract. The difference between the investment amount and the exchange amount was settled later, and the ownership transfer registration was completed in the name of Defendant B on April 4, 2013.

Then, for the settlement of the above Paragraph b above, Defendant C is obligated to pay to the Plaintiff the sum of KRW 206,670,000 out of KRW 576,00,00,00 that was loaned from the Young-dong Agricultural Cooperative as security and KRW 305,00,000 among the KRW 576,00,00,00 that was loaned from the Defendant C as the principal debtor on November 5, 2013 and that it will take over the above loan obligation.

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