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(영문) 대전지방법원논산지원 2017.11.15 2017가합2267
청구이의
Text

1. The objection of this case is pending in the lawsuit

A. As to the Plaintiff of Defendant B, G Law Firm G drafted on September 28, 2016, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff (formerly named “I” or “J” corporation) is a business operator who newly constructs a public rental apartment (hereinafter “instant apartment”) and newly constructs a neighborhood living facility and leases the business on the ground of KJ in the mountain area of the mountain area of the Republic of Korea.

Defendant D, E, and F are the inheritors of Defendant D, E, and F who died on July 28, 2017 (hereinafter “the deceased”).

B. On August 25, 2005, Defendant B and M jointly invested KRW 3 billion in the Plaintiff’s apartment business, and the Plaintiff entered into an investment agreement with Defendant B and M on August 25, 2005, stating that “The Plaintiff shall jointly make an investment of KRW 3 billion in the Plaintiff’s apartment business. The Plaintiff shall sell two commercial buildings to Defendant B and M with the investment settlement amount of KRW 4 billion, but the purchase price shall be paid in excess of KRW 1 billion after deducting the existing investment amount of KRW 3 billion from the remainder of KRW 1 billion. The Defendant B, on September 28, 2005, invested KRW 1.8 billion in M in the investment amount of KRW 3 billion and KRW 1.2 billion in the investment amount of KRW 3 billion in the investment amount of KRW 3 billion in the Plaintiff, and entered into a business agreement with the Plaintiff to divide profits according to the investment share ratio of KRW 3 billion in the investment amount of KRW 3 billion in the total amount of KRW 1.6 billion in consultation with the Plaintiff.

3) On August 10, 2015, Defendant B entered into an investment agreement with the Plaintiff to the effect that, by modifying the initial investment agreement with the Plaintiff, “if the Plaintiff receives the sales price after receiving the first and second floors of commercial buildings from the Plaintiff, it shall terminate the investment relationship. However, if the Plaintiff fails to sell the commercial buildings due to the Plaintiff’s circumstances, it shall transfer the ownership of the commercial buildings 1 and 2 stories within 30 days after the completion of construction, and if it shall be calculated on August 25, 2005 with the interest of 1.2 billion won per annum from August 24, 2005, and shall be paid as the penalty and the termination of commercial investment.” (iv) At the time of the Plaintiff’s representative director, N, the Plaintiff’s name, “4.5 billion won per face value”, and the payee.

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