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(영문) 수원지방법원 2017.02.09 2015가합71002
약정금
Text

1. Each real estate listed in the separate sheet No. 1 signed on July 10, 2013 between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. The Defendant purchased the real estate listed in attached Table 1 List No. 1 (hereinafter “instant land”) and the Siljin-si, D, E, and F land adjacent thereto, and intended to newly construct a pention building of 3 Dong (Ga-dong) on the said ground. The Defendant decided to jointly purchase the instant land with the Plaintiff due to insufficient funds. On May 20, 2013, the Defendant purchased the instant land and its ground buildings from G in KRW 50 million and completed the registration of ownership transfer of the instant land and its ground under the name of the Plaintiff on July 15, 2013 pursuant to the instant agreement as seen below, and the Plaintiff and the Defendant shared KRW 50 million on the said purchase price and KRW 1/2.2.

B. On July 10, 2013, before completing the registration of ownership transfer on the instant land and its ground, the Plaintiff and the Defendant drafted a written agreement containing the following (hereinafter “instant agreement”).

Agreeds: H large 341m2 and 457m2 prior to I.m. means the land in this case, at the time of Jinjin-si.

The plaintiffs (hereinafter referred to as "A") and the defendants (hereinafter referred to as "B") agree to jointly purchase the above real estate as follows:

1. A and B shall purchase the above real estate jointly with Gap and Eul, register the transfer of ownership in the name of Eul for convenience, and make a registration of transfer of ownership in the name of Eul for shares to a person designated by Eul;

2. In the event that the land in a project plan is comprehensively developed or en bloc sold and purchased, Party A shall delegate his/her authority to develop the said land.

3. If a dispute arises between A and B, B shall be calculated by adding the amount invested by B (3,300 square meters, K) among the land in J (3,300 square meters, and 595 square meters (attached documents) to the amount invested by B.

(b)

5.A shall provide a security when borrowing money from a bank Eul.

6. In order to enhance the utility of land, A and B may perform the development work by making a joint investment under an agreement.

C. The plaintiff.

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