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(영문) 인천지방법원 2015.12.10 2014가합8499
동업정산금 반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 26, 2011, the Defendant and C, each of the real estate listed in the separate sheet from the natural industry (hereinafter “instant land”) around September 26, 201, indicated in the separate sheet.

2) The sales contract for the joint purchase of KRW 900 million (hereinafter “instant sales contract”).

(2) At the time of the conclusion of the above sales contract, the Defendant and C agreed to succeed to the obligation of security loans of KRW 300 million to the Ltim Credit Cooperative (hereinafter “FF”) established on the instant land, as well as the obligation of KRW 96 million to the Namcheon Agricultural Cooperative (hereinafter “FF”).

3) The Defendant paid any balance under the instant sales contract, and around December 2, 201, the ownership transfer registration was made in the name of the Defendant with respect to 7/10 shares of the instant land, and 3/10 shares in the name of C, respectively. B. The Defendant’s repayment of loans and establishment of a right to collateral security (hereinafter “the instant construction contract”) concluded a contract with the Defendant to remove the existing building located on the instant land between D and D on February 2, 2012, and on April 10, 2012, with each of the Defendant loaned the instant land under the name of Nonghyup, and repaid the existing secured loan obligations to the instant land in lieu of the Defendant. The Defendant completed a registration of the establishment of a right to collateral security (hereinafter “the instant construction contract”) for the purpose of securing the said loan obligations.

The name of the business: The size of "E" development and the location of sale of electric village: the size of 9,804 square meters in the school site, farmland 4,481 square meters: the name of the construction project for the installation of public works and the permission for the diversion of farmland, the construction cost for the appurtenant works of civil works: 561,300,000 won: the defendant at the time of the above E-source development project (hereinafter referred to as "the case").

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