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(영문) 부산지방법원 2018.01.24 2016가합49507
계약금 등 반환
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person who constructs, sells, sells, etc. a house. The Defendant is a person who owns a building of 588.4 square meters and its ground (hereinafter “instant real estate”) in Jung-gu, Busan.

Article 2 (Establishment of Partnership and Promotion of Investment Expenses) A (referring to the defendant; hereinafter the same shall apply) and B (referring to the plaintiff; hereinafter the same shall apply) shall be the separate corporation for the project under Article 1, and the separate corporation shall be the separate corporation for the project under Article 1, and the ratio of investment in the capital shall be 50%, respectively.

Article 3 [Investment Funds and Establishment of Separate Corporations]

1. At the same time as this contract is concluded, Gap and Eul respectively establish a separate corporation of KRW 150,000,000 in cash and KRW 300,000 in capital.

2. The decision-making by a separate juristic person shall be managed by two persons designated respectively by Gap and Eul, and the above management shall be managed by Gap and Eul as a good manager.

Article 4 [Sharing of Works and Rights and Obligations]

1. A shall sell to a separate juristic person a project site in the name of A and a building on the same parcel for at least 7.8 billion won;

1. Contract deposit: 780 million won (payment under this Agreement) intermediate payment: 3 billion won (payment within 3 months after the commencement of this Agreement) intermediate payment: 4 billion won (sum payment within 8 months after the commencement of this Agreement) and 4 billion won (sum payment within 8 months after the commencement of this Agreement): Provided, That when the sale rate is less than 85%, 85% after completion of this Agreement, the sale rate shall be the payment rate, such as the virtual price, etc.

3.A shall, upon receiving the intermediate payment above, cancel all limited real rights on the project site, transfer the name of the project undertaker, the project site, and the building in the name of the separate corporation under the project approval letter, and shall not, within two months after the receipt of the intermediate payment, cause any defects in the separate corporation in the course of performing the removal and new construction of the building after completing the repayment and surrender of the monthly rent deposit for the tenants of the building.

4. B shall be held responsible for the financing of separate corporations.

In other words, it is guaranteed to financial institutions to lend B's own funds to a separate corporation or to obtain loans from a separate corporation.

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