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(영문) 부산지방법원 2014.07.15 2014가단200387
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On May 16, 2003, the Plaintiff, the Defendant, and B agreed to jointly invest money on the land of Young-gu, Busan, D, E, and F (hereinafter “instant project site”) in order to divide profits from the construction of apartment units. The instant project site and the building owner’s name are under the name of the Defendant for convenience, and the profits are divided between Plaintiff 50%, Defendant 35%, and B15%.

B. Of the instant project site, part of the Busan Young-gu C site located in the name of the Defendant was divided, and it was 45.9 square meters in Busan Young-gu G (hereinafter “instant land”). The land category of the instant land was changed to a road on June 29, 2004.

C. Meanwhile, on October 14, 2013, the Young-do Busan Metropolitan City paid the Defendant the amount of KRW 97,308,000, and accepted the instant land.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 3, fact-finding with respect to the head of the Young-do Busan Metropolitan City, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the land of this case is the partnership property of the association composed of the plaintiff and the defendant, etc., and the defendant received KRW 97,308,00 as the land of this case was expropriated and the defendant received KRW 97,30,00, barring any special circumstance, the defendant is obligated to pay to the plaintiff 48,654,000 corresponding to the plaintiff's share of the compensation for

3. The defendant's argument regarding the land of this case asserts that since the conclusion of the joint project, the defendant completed the settlement with the plaintiff about the partnership property including the land of this case, and the plaintiff agreed to waive all rights to the land of this case, the right to the land of this case to the land of this case

In full view of all the statements and arguments made by the Defendant on October 17, 2005, the Plaintiff is the Defendant on October 17, 2005, in full view of the following: Gap evidence No. 4, Eul evidence No. 3-1, Eul evidence No. 4, Eul evidence No. 5-1, and Eul evidence No. 5-1 through 16.

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