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수원지방법원안산지원 2014.12.11 2013가합1959
공사대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 213,936,451 and the interest rate thereon from February 26, 2013 to the date of full payment.

Reasons

1. Basic facts

A. On July 12, 2007, Defendant A and Nonparty C entered into a real estate joint development agreement (hereinafter “instant joint development agreement”) with respect to “14,182 square meters of land D in Sungsung-si” owned by Defendant A as follows.

1. Current status of real estate;

2. Calculation of expenses;

3. Civil engineering works and all other works shall, under mutual agreement, invest 50% by “A (Defendant A)” and 50% by “B (C)”, and the Corporation shall be conducted under the supervision of “A”.

4. The division of land (refer to the attached drawing) is divided into Category A (2,00 square meters) shares in Section A (2,00) and Section B shares in Section B, and Section C is divided into two categories under joint management in comparison with the total area thereafter.

(D) 5. The above real estate is a land transaction permission zone and complies with the exercise of ownership transfer by the law at the time of registration of ownership transfer, and the "A" provides all of the documents for ownership transfer registration to "B".

6. All taxes and public charges, national taxes and national taxes, local taxes and interest on loan of financial rights, etc. incurred later from the development and transfer of ownership of the above real estate shall be borne by “A” and “B” each half.

(Provided, That the costs and taxes at the time of the transfer of shares shall be borne separately by the equity right holder). 7. “B” agrees to pay to “A” KRW 10,00,000 out of KRW 987,450,00,000, whichever is one half of the costs incurred by “A”, as of the agreed date, and to pay KRW 477,450,000 out of the remainder on July 207 (no date stated in the personal seal page is known) and at the same time, if this agreement is not fulfilled, the amount paid on the agreed date shall be waived.

(Provision of all documents necessary for the establishment of a collateral security upon completion of the agreement, and “B” shall not transfer the above collateral security right to another person nor use it for any purpose other than this purpose). 8. When constructing a factory construction approved as “A”, “B” shall be the same as “B.”

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