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(영문) 부산지방법원 2015.05.21 2014가단234090
약정금
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Basic facts

A. On April 13, 2013, the Plaintiff and Defendant C entered into an agreement with the Plaintiff to purchase the land category as a site and to jointly sell the site and distribute profits therefrom (hereinafter “instant agreement”). The main contents are as follows: (a) the Plaintiff and Defendant C signed an agreement with the Plaintiff to jointly sell the land as a factory site and jointly sell the land and distribute profits therefrom.

The method: The plaintiff purchases each forest land before division at low prices, changes the land category from forest land to site, colors the design business operator and the construction business operator for the construction of the factory site, colors the buyer after the building of the factory site, and the defendant C shall raise funds.

Distribution: 60% of net income shall be allocated to Defendant C, and 40% shall be allocated to the Plaintiff, respectively.

Other: The project shall be limited to six months, and the amount of KRW 2,00,000 per month shall be paid to the plaintiff at its expense for the period, and shall be settled at the time of distribution of profits.

Provided, That if the business is not completed within six months, the payment of expenses and profits of the plaintiff shall be null and void.

B. After that, Defendant C established Defendant B, a company aimed at real estate development business, etc. on May 24, 2013 (F as the representative director at the time of its establishment but became the representative director on March 25, 2014), Defendant C completed the registration of ownership transfer in the name of Defendant B, a company purchased KRW 1,612,60,000 from among D forest land before subdivision in June 3, 2013, KRW 237/8451, among D forest land before subdivision in KRW 395,450,00, and KRW 1,612,60,000 from the land before subdivision in KRW 14th of the following month.

C. Defendant C directly entrusted the change of the form and quality of each forest before subdivision on August 2013 and the civil construction work for building a factory site to the construction business entity. Upon completion of the construction work on April 4, 2014, Defendant C’s land listed in the separate sheet 1 through 3 and E’s forest before subdivision on April 4, 2014, respectively, are listed in the separate sheet 4 and 5.

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