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(영문) 서울중앙지방법원 2019.06.19 2018가합534247
정산금 청구
Text

1. Defendant D shall apply the ratio of KRW 106,315,910 to Plaintiff A and the rate of KRW 15% per annum from May 30, 2019 to the date of full payment.

Reasons

1. Basic facts

A. The relationship between the parties 1) Plaintiff A refers to the Gangnam-gu Seoul Metropolitan Government F 84.9 square meters and G 224.9 square meters (hereinafter collectively referred to as “instant site”).

A) Each of the 18/93 shares is owned by the Plaintiff B. The Plaintiff held 18/93 shares out of the instant land and completed the registration of ownership transfer with respect to the said shares to the Plaintiff A on February 16, 2016. The Plaintiff C is a person who is an attorney-at-law (the head of the office), and Defendant E is a person who holds 75/93 shares out of the instant land.

Defendant D is a person whose ownership was transferred from H on February 9, 2006, to a third-story multi-household house on the ground of the instant site (hereinafter “instant building”).

B. On February 19, 2004, the Plaintiffs and the Defendants concluded an agreement to sell the instant building site or acquire ownership of the instant building after removing the instant building owned by H, and then distribute the proceeds therefrom at a certain rate (hereinafter “instant agreement”) with the instant building site, and the specific details are as follows.

(A) Defendant D (Person and Defendant E: Plaintiff A (Person and Representation for Defendant E): Plaintiff A (Person and Representation for Plaintiff B): The matters of Plaintiff C’s understanding and B are purchased and shared the instant site.

A's co-ownership of the above site is 75/93, and Eul's co-ownership is 18/93.

After purchasing the instant building or removing the instant building, A and B are planned to sell the instant building site (including the instant building where the instant building is purchased; hereinafter the same shall apply) to others.

Under this background, Gap, Eul, and Byung agree as follows:

Article 1 (Purpose) The parties to the agreement will maximize the value of the site in this case in cooperation with each other to raise the highest profits and to clarify the rights and obligations of each party in this process.

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