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(영문) 서울중앙지방법원 2016.09.30 2014가단83485
잔여재산분배
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 30,566,513 to the Defendant (Counterclaim Plaintiff) and its related amount from July 9, 2015 to September 30, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On July 13, 2007, the Plaintiff and the Defendant entered into a real estate joint investment agreement (hereinafter “instant partnership agreement”) with the purport of jointly purchasing apartment ownership and distributing profits accrued from the purchase of apartment ownership. The details of the agreement are as follows.

1) Object of investment: C Apartment 102, 1503, 1503 (hereinafter “instant apartment”) in the case of strike sold by the Newanan Construction Industry Co., Ltd. (hereinafter “Co., Ltd.”).

2) The sales price of the apartment of this case is KRW 297,920,00, and the sales price of the apartment of this case is KRW 297,920,00, other than that of the apartment of this case is KRW 18,000 (construction cost: KRW 17,450,00) and the balcony expansion work (construction cost: KRW 17,450,00) are added, and the total sales price is KRW 33,370,000. The sales price is KRW 43,37,000,000, which is calculated by adding a premium of KRW 10,000,00 to the sales contract deposit equivalent to 10% of the construction cost of balcony expansion work and balcony expansion work.

3) Investment period: “within three months from February 2009” (hereinafter “ February 2009”) is the scheduled date of occupancy in the apartment sale contract in the instant case.

4) Profit distribution: Distribution of profits, other than input expenses, from proceeds of sale, shall be made in proportion to shares in the investment where losses or additional expenses are incurred.

5) Other matters: The name of the purchase shall be the name of the defendant for convenience, and if there is an objection against the time of future sale, etc., it shall be decided by mutual agreement.B. The plaintiff, on July 13, 2007 under the investment agreement of this case, appears to have been rounded up to KRW 21,670,000 ( KRW 43,337,000) to the defendant on July 13, 2007, which is KRW 21,668,500, which is less than KRW 10,000.

B. The defendant paid the above money, and the defendant purchased the right to sell the apartment of this case in the name of the defendant, and thereafter.

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