(영문) 서울남부지방법원 2017.04.27 2016가합109919

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(영문) 서울남부지방법원 2017.04.27 2016가합109919

투자금 반환 및 이익금 분배

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1. The Plaintiff (Counterclaim Defendant)’s principal claim against the Defendants and the Plaintiff (Counterclaim Defendant)’s counterclaim.

Reasons

1. Basic facts

A. The Plaintiff and Defendant B, which entered into a sales agency contract on November 26, 2013, shall sell the land of 19,130.4 square meters of G factory site (hereinafter “this case’s land”) out of the Daejeon-dong and E’s Integrated Logistics Complexes, the Daejeon-gu Daejeon-gu Seoul Special Metropolitan City D and E, by dividing and sub-saleing the land of 19,130.4 square meters (hereinafter “instant land”) (hereinafter “instant project”), and Article 2 of the sales agency contract (hereinafter “instant contract”) (hereinafter “instant sales agency contract”) including the following (hereinafter “the scope of the sales agency business”), “Defendant B” (hereinafter “the same shall apply) shall be referred to as the “Corporation”; and “B” shall be sold by selling the land of 19,130.4 square meters of the Dong-gu Daejeon Special Metropolitan City’s G manufacturing facility site (hereinafter “the main business site”); and “B” (the Plaintiff refers to the Plaintiff; hereinafter the same shall apply) shall enter into a pre-sale contract and pre-sale contract, etc.

Article 3 (Term of Contract and Commencement of Business)

1. The term “this contract” shall be five months from the date of the conclusion of the contract and may be extended according to the intention of “A”.

2. “B” shall enter into a land sale and purchase contract with “A” and commence business from the date of payment of the down payment.

3. “B” means that the entire business site shall be completed within the term of “this contract” under the responsibility of “B” and the sales price shall be fully deposited.

Article 4 (Sale Price of the Land in this case) The sale price of the "this business site" shall be sold at the level of KRW 1,650,000,000 per 3.3 square meters.

However, under the agreement between “A” and “B,” the amount may be changed.

§ 5.(Distribution of Business Profits, Guarantee of Profits, and Payment of Fees for Sales Agency)

1. The distribution of profits between “A” and “B” upon completion of the entire sale of the project site shall be as follows, and the profits between “B” shall be substituted by the sales agency fee.

The total proceeds of “A” shall be the proceeds from sale.

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