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(영문) 대전지방법원천안지원 2019.02.01 2018가합100819
소유권이전등기
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff entered into the instant investment agreement on June 24, 2016, and the E Co., Ltd. (hereinafter “E”).

B. As between E and E, the project site in this case shall be referred to as “the project site in this case,” in addition to the real estate listed in Schedule 6.

part of each real estate listed in the separate sheet is included. A foreigner-only rental housing construction project promoted in the separate sheet (hereinafter “instant project”).

(C) the agreement to invest KRW 500,000,000 in the investment agreement of this case (hereinafter referred to as the “instant investment agreement”).

(2) The main contents of the instant investment agreement are as follows.

Article 2 [Manner of Investment] The plaintiff's investment under this contract refers to cash investment, and specific amount of investment, refund and settlement of dividends shall be governed by the following paragraphs:

◆ 투자대상: 충청남도 아산시 F 외 12필지의 부동산매매 계약금(부동산매매계약서 첨부) ◆ 투자액: 일금 오억원정(₩500,000,000) ◆ 배당금: 일금 이억원정(₩200,000,000) 제3조 [지급일] ◆ 원고는 본 약정을 E과 체결하고, 상기 부동산 매매계약을 체결하며 투자금은 토지 매도인에게 직접 지급한다.

◆ E은 계약일로부터 약 3개월(2016년 9월 30일)까지 원고에게 투자액과 배당금을 현금으로 반환한다.

Article 4 (Proceeding of Project)

1. A land sales contract for the subject matter of sale and purchase shall be concluded in the name of an investor, and an application for a construction permit shall run in the name of an investor and one other

3. If the permission for a real estate development project for which E is in progress is rejected or returned from an administrative authority, this Agreement shall become null and void, and E shall promptly refund the full amount of the investments made by the Plaintiff in cash without any objection.

B. According to the instant investment agreement, the Plaintiff entered into each of the instant sales contracts (hereinafter “Defendant B’s real estate”) on June 24, 2016, each of the real estate listed in the separate sheet Nos. 1 through 4 (hereinafter “Defendant B’s real estate”).

for 1,647,600,000 won (hereinafter referred to as "the sales contract")

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