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(영문) 부산고등법원(창원) 2014.12.18 2014나1877
약정금 등
Text

1. Of the judgment of the first instance court, KRW 70,933,500 against the Plaintiff as to the Defendant and its related thereto, August 7, 2013.

Reasons

1. Facts of recognition;

A. On October 22, 2012, the Defendant purchased 1/3 shares (hereinafter “instant land”) out of the entire area of 198 square meters and 117 square meters in Sacheon-si, Sacheon-si, and E Miscellaneous land from C on November 2, 201, and completed the registration of ownership transfer on November 5, 2012.

On November 5, 2012, the Defendant loaned KRW 150 million from the Jinju Scholarship Credit Cooperative (hereinafter “the instant right to collateral security”) on the instant land, and created the right to collateral security (hereinafter “the instant right to collateral security”) of KRW 195 million on the instant land.

B. On October 22, 2012, the Plaintiff and the Defendant (the husband of the Defendant) agreed to newly construct and sell the commercial housing (hereinafter “instant building”) on the instant land and distribute the profits therefrom (hereinafter “instant investment agreement”). The key contents are as follows.

1. Investment scope 1) Defendant’s investment scope: Investment in 100 million won in cash, excluding land purchase costs. ① Land purchase costs, real estate brokerage fees (cashs excluding loans) (2) partial burden of construction costs (100 million won out of KRW 250,000,000,000 per 11 square meter). ③ Plaintiff’s investment scope (2) additional burden of authorization and permission, design costs, industrial accident insurance premiums, and other expenses (10,000,000 won anticipated): The Plaintiff’s investment scope: Investment in short of construction costs, ① investment in short of construction costs, ① investment in general, such as business planning, authorization and permission, sale, accounting, accounting, appraisal, lending, etc. (2) Liability for the completion of construction of a building.

2. Method of disposal of profits (1) Preferentially treated land purchase expenses and construction expenses of both parties when selling in lots and loans against security after completion;

(2) The profits accrued after deducting the expenses of paragraph (1) from the profits accrued to the defendant and the plaintiff shall be the dividend in 70 (the plaintiff):30 (the plaintiff), except for the expenses of the defendant and the plaintiff.

3. The defendant.

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