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(영문) 서울고등법원 2018.07.18 2017나2068210
채무부존재확인
Text

1. Of the judgment of the court of first instance, the part against Plaintiff A among the judgment of the court of first instance is modified as follows.

Plaintiff

A and corporation A.

Reasons

1. Basic facts

A. On September 12, 2013, the Plaintiff Company and the Defendant entered into a joint agreement with the Defendant by jointly promoting a project that newly constructs and supplies multi-family housing of 580 households from the JJJ of the Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant project”). The main contents are as follows.

(A) Evidence No. 3, hereinafter “instant Joint Project Agreement”). Article 3 of the Joint Project Agreement (Business Division and Condition Precedent) between the Plaintiff Company and the Defendant, in order to facilitate the instant project’s performance, the Plaintiff Company and the Defendant take partial charge of their duties as follows, and perform them in good faith:

(1) The defendant's business is as follows:

1. Capital input for the establishment of a SPC and capital input for the establishment of necessary funds.

1. Acquisition of ownership of the project site and buildings on the ground;

2. Raising of purchase fund and bearing of all the expenses incidental thereto;

3. Financial supervision and procurement necessary for the project through the selection of financial managers;

4. The duty to trust the whole project site to the trust company as a collateral;

5. The duty to deposit all funds relating to the instant business in the name of the trustee company in the name of the head of the passbook, and the duty to entrust the trustee with the management thereof, Article 4 (Establishment of SPC) (2) The Plaintiff company and the Defendant are to invest shares as follows at the time of establishment of SPC, and the internal procedures, such as necessary deliberations, shall be completed prior to

(B) The amount of profit-making profit-making profit-making profit-making profit-making profit-making profit-making profit-making profit-making profit-making profit-making profit-making profit-making profit-making profit-making profit-making profit-making profit-making profit-making profit-making profit-making profit-making profit-making profit-making profit-making profit-making profit-making profit-making profit-making profit-making profit-making profit-making profit-

B. On September 12, 2013, the Plaintiff Company entrusted the business site and business fund of this case to the trust of protein real estate (hereinafter “pretein trust”) and the management thereof.

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