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(영문) 대법원 2019.01.31 2016다263935
약정금
Text

The judgment of the court below is reversed, and the case is remanded to Daejeon High Court.

Reasons

The grounds of appeal are examined.

1. Case summary

A. The plaintiffs are members of the association of this case established for the purpose of dividing profits from the project of this case by selling each of the land of this case (hereinafter "the project of this case") and constructing and selling a commercial building on the ground, which is a site for living measures of the Z site development project of Daejeon PY zone by the Korea Land and Housing Corporation. The plaintiffs are members of the association of this case, who are members of the association of this case established for the purpose of dividing profits from the project of this case. The defendants are companies established and carried out the project of this case by V and AG, the representative of the association of this case.

B. V and AG acquired the ownership of each of the instant land from the Korea Land and Housing Corporation in their own name, and entered into the instant agreement with the Defendants and the instant association. According to the instant agreement, V and AG completed the registration of ownership transfer on the grounds of donation to the Defendants of each of the instant land. The instant association members paid the Defendants the share of the land for the share of the purchase right to each of the instant land. The instant association members paid the share of the land for the share of the purchase right to each of the instant land. The Defendants borrowed 1/2 of the shares paid as above and completed the construction of the building. After the Defendants borrowed 1/2 of the shares paid

C. Pursuant to the instant agreement, V and AG completed the registration of ownership transfer in the name of Defendant T Co., Ltd. with respect to the land AC among the instant land, and in the name of Defendant U with respect to the land AE.

Since then, the defendants newly constructed commercial buildings on each land of this case, and the sale of the land was commenced, and the plaintiffs who paid all the share of the land price to the association of this case requested the defendants to distribute the profits from the business of this case in cash, but the defendants rejected it.

E. The Plaintiffs are parties to the instant agreement against the Defendants.

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