(영문) 인천지방법원 2017.07.21 2016가합51992

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2017.07.21 2016가합51992

정산금 등

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. Defendant B and C are married, and Defendant D and E, F, and G are children of Defendant B and C.

B. On September 5, 2012, the Plaintiff drafted the “Agreement on Joint Development of Real Estate Props” as follows with Defendant B, D, etc.:

(hereinafter referred to as the “instant agreement”) and the key contents of the instant agreement are as follows. The instant agreement is signed and sealed by the Plaintiff, Defendant B, D, G, and E.

The agreement of this case contains a power of delegation that six persons, including the Defendants, shall delegate the construction authorization, commencement, approval for use, construction work, etc. to the Plaintiff, but the power of delegation in the name of Defendant C does not have the seals or signatures of Defendant C.

“B” and four other persons (hereinafter referred to as “A”) and “A” (hereinafter referred to as “B”) agree on the development of land owned by “A” as follows.

Article 1 (General Provisions) A and B shall provide for the basic principles of development and the rights, obligations and methods of execution of development activities concerning the development of land A owned by them under this Framework Agreement and the detailed conditions and details thereof by separate contracts and special agreements, if necessary.

Article 2 (Price for Provision of Site) B shall be calculated and paid as the land price for each building by 200 million won (Won 200,000,000.-) in return for this joint project.

Article 3 (Consultation)

1. A shall provide the land owned by A as security for the banking services promoted by B, and the loans shall be managed by A;

2. A shall determine and execute the purpose of a loan in consultation with B, and, in principle, the purpose of this loan shall be limited to the cost of construction and the interest rate on the entire parcel.

3. Incidental expenses and interest incurred from the lending of construction costs shall be borne by the Corporation, and the settlement thereof shall be made after the completion of the construction works and parcelling-out of all lots; and

Article 4 (Contractor Relation)

1.B shall be the general agent for land development who owns A, develop and sell the project site; and

유사 판례

-수원지방법원평택지원 2015.07.10 2015가합23

-전주지방법원남원지원 2014.11.26 2012가단2911

-서울고등법원 2014.04.03 2013나2013700

-제주지방법원 2018.09.13 2017가합21

-서울중앙지방법원 2015.10.06 2014가합17843