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(영문) 의정부지방법원 2018.02.02 2016가합56745
채무부존재확인
Text

1. The Defendant’s KRW 463,473,436 among the Plaintiff and KRW 383,013,69 among the Plaintiff, shall be from February 8, 2017, and the remainder 80,559.

Reasons

1. Basic facts

A. 1) The Plaintiff and the Defendant prepared a business agreement between the Plaintiff and the Defendant on October 2014, the Plaintiff is 56,430 square meters of D forest land in Sungsung-si (hereinafter “instant forest”).

(2) On January 8, 2015, the Plaintiff and the Defendant entered into a contract to purchase KRW 3.5 billion (hereinafter “instant business agreement”) with respect to the content that the Plaintiff will proceed with real estate development projects in the instant forest and that the Defendant will invest in the said projects (hereinafter “instant business agreement”).

The main contents of the instant project agreement are as follows.

The plaintiff and the defendant shall, for the real estate development project on the following land, agree on the basic matters under this project between the parties and conclude this Agreement.

Article 3 (Business Method) (1) The land on the project shall proceed with the project in the name of the plaintiff, and the defendant shall proceed with the project as a joint businessman.

Article 4 (Raising Required Funds): 1.6 billion won (Distribution of Profits) ① The defendant shall be given a preferential dividend of KRW 1.6 billion within one to two months after July 6, 2015.

Article 6 (Disposition of Taxes and Public Charges) (1) Taxes and public charges imposed in connection with the land in the name of the plaintiff, and financial expenses shall be borne by the plaintiff.

Article 7 (Termination of Agreement) The plaintiff and the defendant may terminate the business agreement in the following cases:

② In promoting the business, when the Plaintiff did not pay the agreed dividends to the Defendant by February 28, 2016, the Plaintiff shall transfer to the Defendant all land rights and rights.

3) On January 8, 2015, the date on which the instant business agreement was signed and sealed, the Defendant paid KRW 800 million to the Plaintiff pursuant to the instant business agreement. On the same day, the Plaintiff paid the remainder of the instant forest sales agreement to C, etc., and completed the registration of ownership transfer regarding the instant forest land, and completed the registration of ownership transfer against the Defendant for the purpose of guaranteeing obligations under the instant business agreement against the Defendant.

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