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(영문) 부산지방법원 2016.10.27 2014가합47255
양수금 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On October 14, 201, Defendant B and H entered into a trust agreement on land (hereinafter “the trust agreement in this case”) with the Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) under which the said Defendant entrusted the same 20 parcels of land owned by the said Defendant and 7 parcels of land owned by the said Defendant, allowing the said company to newly construct and sell multi-unit housing, and allowing the said company to receive the distribution of the proceeds therefrom.

At the time of the above trust agreement, Defendant B and H agreed to receive 57.5% of the above earnings and H’s remaining 42.5%, respectively.

B. On the other hand, on September 6, 201, Defendant B entered into a profit distribution agreement with J and K to distribute the above 57.5% of the earnings that Defendant B would receive from the land trust in Korea through the instant trust agreement (hereinafter “the profit distribution agreement of this case”).

The revenue distribution contract B (hereinafter referred to as "A") and J (hereinafter referred to as "B") and K (hereinafter referred to as "A") shall enter into a profit distribution contract with each other as follows:

Section 1 (Purpose) The purpose of this Agreement is to regulate the rights and duties of mutual rights and duties related to the distribution of the proceeds of the I Multi-Family Housing Construction Project between "A", "B" and "B" and the proceeds of the I Multi-Family Housing Construction Project (which shall belong to B and shall be limited to 57.5% of the total proceeds of the apartment project excluding land costs) in Seopo-do.

Article 2 (Definition and Distribution Ratio of Earnings)

1. The term "profit" means an amount excluding national taxes and local taxes;

2. The distribution ratio of the proceeds of the above paragraph 1 above shall be B 20%, K 60%, and J 20%.

C. From May 2, 2010 to July 29, 2012, the Plaintiff lent 210,000 Singapore to J. On August 7, 2012, the J, which failed to repay the said loan, transferred 50% of the revenue claim under the instant profit distribution agreement against the Defendant B to the Plaintiff on August 7, 2012, and notified the Defendant B of the transfer.

Defendant B.

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