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(영문) 창원지방법원 2016.11.03 2015가합35478
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. (1) The Plaintiff entered into a sales contract between the Plaintiff and D, etc.) on December 201, 201, each land listed in the separate sheet No. 1 owned by the Plaintiff (hereinafter “instant land”).

(1) In order to sell KRW 1.8 billion, part of the purchase price shall be substituted for the payment of the secured debt of the right to collateral security established on the instant land, and the remainder of the purchase price shall be D’s name and account on the instant land.

(2) On February 10, 2012, the Plaintiff made an oral agreement to be paid out of the proceeds of the sale with the said land. (2) On February 10, 2012, the Plaintiff, pursuant to the said agreement, prepared and delivered to D a power of attorney, to the effect that “from February 10, 2012 to June 30, 2014, all powers vested in the principal and all powers vested in the instant factory building construction and the alteration of the permission (title of establishment) on the instant land are delegated to D.” (hereinafter “instant power of attorney”).

(b) The joint business agreement in writing between D and Defendant B on the joint business agreement between D and the joint business name: The location of the development project for the E Factory Site: 10,427 square meters in total: 10,427 square meters in total; 1.8 billion won in total; 1.1 billion won in registration; and the date of payment: Article 2 of the loan of a financial institution (the method of paying land price).

1.The down payment shall be paid by D.

(Substitution with the cost of performing the project)

2. Any balance of the land in this case shall be financed by a total of 1.4 billion won and paid in the amount of 1.1 billion won among them as the remainder of the land, and the remainder shall be appropriated for construction costs.

Article 3 (Construction and Sale in Lots)

1. The execution shall be subject to D.

2.D shall be responsible for feasibility studies on sale, public relations, planning, and marketing.

Article 4 (Matters of Special Agreement)

1. The distribution of profits is D70% and Defendant B 30%, and the profits here mean the amount excluding the total investment cost (including interest rates, taxes and public charges, project progress and sales cost).

4. After completion of civil engineering works;

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