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(영문) 서울고등법원(춘천) 2016.10.12 2016나665
약정금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

On September 2005, the Plaintiff entered into the premise-based partnership agreement with the Defendant to jointly purchase the land located in Pyeongtaek Changwon-gun, and jointly sell profits therefrom on the ground of the project, such as the division of lots and the creation of a penta site (hereinafter “instant project”). However, the real estate sales contract and the transfer of ownership are registered in the name of the Plaintiff, and the real estate sales price shall be borne by half.

With respect to the partnership business contract described in the above paragraph (1) of March 9, 2006, the plaintiff and the defendant are the land subject to development D and 30 parcels (hereinafter referred to as "D and 30 parcels").

) The Plaintiff and the Defendant drafted a partnership agreement (Evidence A No. 1) with each of the 600 million investments as KRW 600 million. Since then, the Plaintiff and the Defendant are only the land to be developed, which is the land of Gangwon-gun G and four lots (hereinafter referred to as “G and four lots”).

In addition, the agreement was reached to increase the investment amount to KRW 70 million each, and on March 29, 2006, a new agreement was made on March 29, 2006 (Evidence B (Evidence B) with the same content (hereinafter the above agreement was entered into on March 9, 2006 and the agreement entered into on March 29, 2006 together with the agreement entered into on March 29, 2006, and the agreement entered into between the Plaintiff and the Defendant as the “instant association.”

(A) The main content of the above contract is as follows (No. 1 and No. 4 are the same except for the amount of investment under Article 1 of the contract and the land to be developed and the amount of investment under Article 1 of the same contract.

2) Article 1(1) of the Act provides that “The Defendant and the Plaintiff shall make an investment in the said development project with the amount of money for services and expenses incurred in the purchase of land and the promotion of the project.” The additional investment shall be limited to the case where both the Defendant and the Plaintiff agree. The additional investment shall be limited to the case where both the Defendant and the Plaintiff agree. Article 3 (The Defendant and the Plaintiff shall mutually distribute profits from the time when the profits accrue, and the ratio shall be 50% and 50%, respectively, and the balance sheet shall be owned in one copy.

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