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(영문) 인천지방법원부천지원 2016.08.12 2015가합104007
소유권말소등기
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 December 13, 2011, the Plaintiff entered into a joint real estate development agreement (hereinafter “instant joint development agreement”) with Defendant B, stating that the Plaintiff purchased at KRW 4 billion a G 317.7m2 and H 330.7m2 (hereinafter “instant real estate due to the combination of two lands”) in Do Government-si, Do, Do, which was owned by Defendant B at the time, for KRW 317m2 (hereinafter “instant real estate”) and distributed the remaining development profits after deducting construction costs, etc. from the construction costs, etc. on the said ground.

B. From December 13, 2011 to January 31, 2012, the Plaintiff paid to Defendant B an aggregate of KRW 200 million to the down payment of the instant contract, and up to May 2012, the Plaintiff removed the existing telecomtory building for the development of the instant real estate in accordance with the instant prior contract and partially performed the civil engineering work; however, the said construction was no longer progress due to the Plaintiff’s reasons.

C. On October 5, 2012, the Plaintiff, the Plaintiff’s representative director I’s spouse, J and Defendant B drafted the following agreements:

“Agreement on October 5, 2012” (hereinafter referred to as “Agreement”).

The "K" agreement is an individual enterprise operated by the defendant B.

3) The Plaintiff agreed to organize the project with respect to the instant real estate and did not raise any objection with respect to the subsequent reorganization on the following terms:

1. The Plaintiff waives the claim for return of the amount invested in the civil engineering cost and the civil engineering cost.

Provided, That the right shall also be waived on the amount invested in the design and supervision cost.

1-1. The full amount of the civil engineering cost shall be borne by K.

2. The Plaintiff shall be relieved of the unpaid costs, excluding the cost of management of model parcels.

3. The Plaintiff shall be relieved of the costs incurred after the time of agreement.

4. After agreement, the Plaintiff does not make any claim against K.

5. No transfer or acquisition shall be recognized after the agreement.

Defendant B.

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