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(영문) 창원지방법원 2016.05.11 2015가합2997
약정금 등
Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 153,977,815 and as a result, from August 5, 2015 to May 11, 2016.

Reasons

1. Facts of recognition;

A. On July 19, 2012, the Plaintiff owned each real estate listed in the separate sheet (hereinafter “each of the instant real estate”), and entered into an agreement on the development of real estate (hereinafter “instant agreement”) with Defendant B as follows with respect to each of the instant real estate.

The Plaintiff of the land owner (hereinafter referred to as “A”) and Defendant B (hereinafter referred to as “B”) of the developer enter into a business agreement with respect to each real estate development of this case as follows:

3. Details of agreement;

A. A and B jointly undertake the real estate development business of this case.

(e)A from among development costs, shall provide the above-mentioned land to B bank and cooperate in the loans of development costs to B.

(f) Eul shall pay KRW 500 million out of the loans under subparagraph (e) above to Gap as down payment of the land price for development site.

(j) In the event that development activities on land are not possible on the basis of the Cultural Heritage Protection Act, the down payment paid pursuant to paragraph (f) of this Agreement shall be returned, and the development costs incurred through a land security loan shall also be repaid to a financial institution, and the time limit for return and redemption shall be within 45 days from the date when it is determined that development activities are impossible, and the interim redemption fees shall be borne.

B. Article 3-5 of the instant agreement

As prescribed in the subsection, on July 23, 2012, the Plaintiff changed the name of the legal entity on September 10, 2013, the Modern Industrial Complex 3 general Industrial Complex Co., Ltd., Ltd. to the name of the legal entity.

In order to secure the obligations against the non-state agricultural cooperatives, the Daegu District Court and racing support for each of the instant real estate was received on July 23, 2012, with the maximum debt amount of KRW 975,00,000,000, the debtor corporation and the third general industrial complex, the debtor corporation and the non-state agricultural cooperative corporation, the mortgagee of the right to collateral security (hereinafter referred to as the “mortgage-mortgage-mortgage-backed security”).

C. Defendant B, April 17, 2013, refers to each of the instant cases.

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