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(영문) 서울동부지방법원 2017.09.06 2014가합111472
소유권이전등기
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 58,964,892 to the Defendant (Counterclaim Plaintiff) and its amount from December 19, 2015 to September 6, 2017.

Reasons

1. Article 2(1) of the Real Estate Investment Contract (Business Roles), “A” and “A” shall have overall control over the management of the affairs, such as approval of bid and approval of sale and purchase of real estate, decision-making, deposit and withdrawal of funds, and approval of disbursement of expenses.

(2) Eul (Plaintiff) shall obtain approval for all the affairs, such as contracts, purchase and sale, fund investment, deposit and collection, and expenditure of expenses, in accordance with the decision-making of Gap, and shall ensure that it does not cause any loss by performing its external activities in a planned and systematic manner, and shall endeavor to secure profitability by facilitating communication through occasional and regular reports.

Article 3 (Investment Property) ① Real Estate Co., Ltd. and three lots of land, non-Simpo-Gun, Simpo-si. ③ A and B shall make an investment by 50% in principle in accordance with investment goods under Article 4 (Investment Shares) of the third real estate.

Provided, That A shall allow A to preferentially pay a certain portion of his/her external activities and profitability security, and then settle it later.

Article 6 (Raising and Expenditure of Operating Expenses) (1) Operation Expenses: In principle, operating expenses shall be apportioned according to the agreed shares between A and B, but when it is difficult for a person among A to participate in a financial shortage, credit rating, other conditions of bank loans, etc., one of them shall be first promoted and settled in the future after consultation with A and B.

(2) Operating expenses: Expenses incurred in relation to various kinds of expenses shall be handled by processing the slips attached to the receipts, obtain approval from Eul, and obtain final approval after the end of each month after entering into the electronic data processing system.

However, the expenses not approved shall not be recognized.

Article 8 (Settlement of Accounts and Profit Distribution) (1) Settlement shall be made in accordance with the investment ratio to the total amount of investment, bank liabilities, and all kinds of expenses from sales proceeds. If an error occurs, it may be made by requesting a third party to do so.

(2) Repayment of debts: To repay debts from bank liabilities incurred by interest during the purchase price in consultation with A and B, priority shall be given.

(3) Profit distribution:

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