Text
Plaintiff
The appeal A and B shall be dismissed, respectively.
2. The costs of appeal shall be borne by the plaintiff A and B.
Purport of claim and appeal
(b).
Reasons
1. Basic facts
A. On November 2, 2015, Plaintiff D, Plaintiff A, and B, the purchaser of the remaining 1/4 shares, among the land in this case, purchased the said shares from Qu, the owner of 1/4 shares in the instant land, on November 2, 2015, and completed the registration of transfer of shares in that name on June 11, 2015, when the land category was changed on June 9, 2017.
On November 2, 2015, each of its assets was invested in the instant land to jointly operate a new construction business of J apartment on the ground of the instant land (hereinafter “instant apartment”). However, the following joint business agreements, which would bear profits and losses according to the investment ratio, were concluded (hereinafter “instant partnership agreement”).
A and B (Plaintiff A; hereinafter the same shall apply) and C (Plaintiff A; hereinafter the same shall apply) (Plaintiff B; hereinafter the same shall apply) shall enter into the following contracts to jointly manage the new apartment construction of this case:
Article 1 (Investment Obligations) A and B shall invest capital necessary for the management of the apartment of this case in 50%, 25%, and 25%, respectively.
Article 2 (Business Management Obligations) Gap and Eul and Byung shall manage the above business with the care of a good manager, manage property, and faithfully perform all the obligations.
III.(Distribution of Profits) After completion of the project, profits shall be distributed in accordance with the ratio of investment.
Article 4 (Representative) Transactions with a third party necessary for the management of the above business, trade name, and other acts incidental to the business shall be represented by A, and the rights and duties shall be borne by him/her as his/her own shares.
Article 5 (Liability for Loss) A and B shall bear the loss according to the ratio of investment when the loss was incurred due to the operation of the above business.
B. The instant case.