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(영문) 의정부지방법원 2017.10.19 2017나205418
약정금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

The defendant's investment amount: 500 million won C Investment: Part of materials and human resources supervisor for the remaining construction: the defendant's living together.

Article 1 (Indication of Real Estate Subject to Joint Investment and Purchase Amount) Doha (F before the change of lot number: hereinafter referred to as “instant land”) Article 2 (Details of Agreement), which was suspended on the land of the instant real estate (hereinafter referred to as “instant building”), shall be transferred to C in KRW 700 million by completing the construction after the change of the owner’s name (hereinafter referred to as “instant construction”) in the name of the Defendant, regardless of the completion of the construction on the land of the instant real estate.

(Other expenses, including transfer income tax, shall be borne by C). Article 3 (Rights and Duties of Defendant) The Defendant, as the purchaser of the instant land, is obligated to transfer all the rights and duties to C immediately at the time of collecting the funds as the owner of the instant land after acquisition.

Article 4 (C's Rights and Obligations) ① Within 10 days from the date this contract was notarized, C is obligated to implement the change of name of the owner in the name of the defendant (not later than the time of receipt by the competent authority).

② By September 15, 2010, the Defendant is obligated to pay the recovery fund (700 million won) preferentially to the Defendant.

(3) All creditors and possessory rights that have arisen on the above real estate shall be fully satisfied within 45 days from the date on which this contract was notarized.

In the future, the right of retention and right of possession are not claimed for any real estate constructed at C's time and cost at the time of construction in the future.

(4) Except for the amount invested by the defendant, C is responsible for discontinuance of construction due to shortage of construction funds.

5. C is obligated to complete construction and complete completion registration by September 15, 2010.

(6) Liability arising from civil petitions shall be borne by C.

Article 5 (Disposition in Cases of Non-performance) When the defendant and C fail to fulfill the above rights and obligations, they shall waive all rights without any peremptory notice and transfer all rights to the business to the other party without any condition.

In addition, C has notarized the change of the owner's name.

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