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(영문) 서울중앙지방법원 2017.09.28 2016가합551460
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant, on July 9, 2012, as well as C and D Co., Ltd. (hereinafter “D”) and the land listed in the separate sheet No. 1 attached hereto, are to promote the business of developing the land listed in the separate sheet No. 1 as a residential site and selling it to others (hereinafter “instant land,” and the aforementioned development project concerning the aforementioned development project is referred to as “instant project”), as stipulated in subparagraph A of the agreement providing for all matters, such as cost sharing, profit sharing, and administrative processing, etc., according to the agreement No. 1 and July 9, 2012.

and the terms of this Agreement are as follows:

In developing the land of this case as a residential site, the defendant of the land owner who is delegated with the development and sale of the land of this case shall be referred to as "A", "C and D" as follows:

A. L. L. L.I.

(a) The purchase price of land shall be calculated as KRW 3 billion, and the payment of the price shall be made by lot to “A” in order of priority through sale and purchase.

(b) The initial funds required for various authorization and permission costs, design costs, removal and civil engineering works shall be financed and approved by “A” as collateral for the land in this case, and the debtor shall be in the name of “B”.

(c)The repayment of a loan shall be made in the redemption key after full payment of the land price under the responsibility of “B”.

E The land of 723 square meters and 737 square meters adjacent to the existing studio shall be provided to “A” after the completion of civil engineering works, and shall be excluded from the project site, and the cost of civil construction works of the said two lots shall be paid to “B” in the cost of construction works.

G. The transfer income tax generated from the sale and purchase of the instant land is not responsible for “A”, and the tax on the benefit portion is responsible for “B”.

B. On August 7, 2012, the Defendant: (a) divided the instant business with C and D (hereinafter collectively referred to as “C, etc.”) into two parts; (b) adjusted the amount of the purchase price of the land; and (c) partly included the burden of tax, cost, etc.

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