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(영문) 수원지방법원 2016.08.09 2014가합5282
정산금
Text

1. The plaintiff's main claim is dismissed.

2.No. 101, No. 102, 102, among buildings listed in the attached list;

Reasons

Facts of recognition

On June 3, 2004, the original defendant entered into a partnership agreement and the performance of the investment obligation with the construction and sale of a building on both land C and D in Suwon-si, Suwon-si, as follows, and newly constructed a building listed in the annexed list, which is an aggregate building of the first and tenth floor above the ground (hereinafter “instant building”) on the ground above the above land and obtained approval for the use on February 12, 2008.

Article 1 In constructing a new building on the above land, the plaintiff shall make a joint investment at the rate of 65% and 35% of the land price, building construction cost, and all the expenses.

In constructing a building on the above land under Article 2, construction management shall be jointly conducted by the plaintiff and the defendant.

Article 3 The profits and losses from the construction of the above building shall be distributed pursuant to the provisions of Article 1.

On April 8, 2011, the original Defendant made a final settlement that the Plaintiff invested KRW 1,91,763,360 in total of KRW 884,304,860 and KRW 1,027,458,50 for construction costs, and KRW 1,91,763,360 for construction costs, and the Defendant invested KRW 486,58,70 for land costs and KRW 145,97,60 for construction costs.

On January 30, 2008, the original defendant, who sold or leased a sectioned building in the current status of the business relationship, concluded a sales contract for the building of this case from January 30, 2008 and completed the sale of the building except for the underground floor No. 101, No. 101, No. 102, No. 401, and No. 602 of the 1st floor among the above buildings as of the closing date of the pleadings of this case.

On January 20, 2010, the Plaintiff acquired 9,60,000 won (=1,600,000,000 won x 6 months) from the lease of KRW 10,000 as deposit money and KRW 1,200,00 for monthly rent from July 2013 to December 201 of the same year.

As to the above No. 01, the Defendant acquired 17,60,000 won (=1,600,000 won x 11 month), which is the sum of rent for 11 months from February 2014 to December 12 of the same year.

On the other hand, the defendant is excluded from the above sub-paragraph 01, which is leased to E.

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