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(영문) 제주지방법원 2019.01.08 2018가단2911
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 15, 2016, the Plaintiff drafted a joint agreement with C and D with the following content.

Article 1 (Purpose) of the Joint Project Agreement is to set forth in Article 1 (Purpose) the Convention which the members of the Joint Project Operators have mobilized land, finance, management and professional ability, and to jointly and severally carry out the project according to their investment quota in order to develop the following real estate.

1. Business name: Newly built corporation for multi-household housing;

2. Project site: Each land in this case;

3. Business scale and use: Multi-households.

4. Period of agreement: The date of agreement (date of June 15, 2016) - The date of completion of the joint project (date of completion of sale) Article 2 (Representative of Joint Project Undertakers) (1) The representatives of Joint Project Undertakers shall be as follows

2. Name of representative: D (2) The representative shall represent the joint project undertakers with respect to the related agencies and third parties;

Provided, That this shall not apply where the representative is unable to exercise his/her rights due to bankruptcy, dissolution or other inevitable reasons.

Article 4 (Settlement of Accounts, Profits, and Losses) (1) When members agree that it is impracticable to implement the project due to financial standing during the implementation of the project under this Convention, the said land shall be settled.

At this time, the principal of the investment and interest on the investment principal of the above land shall be settled preferentially.

(2) An insolvent financial institution, etc. shall settle accounts and receive funds, or pay the down payment and intermediate payment paid to the land owner preferentially at the time when construction funds are received after authorization and permission are granted.

(3) A class member shall distribute one-third of the amount of profit or loss after the settlement of accounts referred to in paragraph (1).

B. D and one other purchased each of the instant lands from F, G, H, and I on June 15, 2016 in total amount of KRW 825 million, and completed the registration of ownership transfer for each of the instant lands under the name of J, the spouse of D and C on April 10, 2017.

C. D and J, on December 15, 2017, enter the company established on November 15, 2017 for the purpose of real estate development business, etc. into the register as an internal director.

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