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(영문) 대전지방법원천안지원 2019.04.19 2018가합100871
청구이의
Text

1. Certificates No. 398, 2016, written by the Defendant’s notary public against the Plaintiffs, Law Firm E, February 24, 2016.

Reasons

1. Basic facts

A. The party-related Plaintiff A (hereinafter “Plaintiff Company”) is a company aimed at the construction, development, and operation of golf courses. Plaintiff B and C are the former representative director or internal director of the Plaintiff Company.

The defendant is a company that aims at manufacturing clothes, wholesale and retail business, real estate rental business, etc.

B. The Plaintiffs and the Defendant conclude an agreement on investment, etc. (hereinafter “instant agreement”) through the document “Agreement on Investment, etc.” (hereinafter “instant agreement”) around February 2016, around February 2016.

The conclusion of the above agreement was made. The main contents of the above agreement are as follows: [Investment and Development Cooperation] - The defendant invests KRW 1 billion in the plaintiffs on February 23, 2016, and the plaintiffs' real estate in F golf courses (hereinafter "each real estate of this case").

- The Plaintiffs shall pay 25% of development gains to the Defendant as much as possible in the development of golf courses and rental housing (news). The development gains amount includes (i) increase in the value of each real estate of this case, (ii) the revenue accrued after the development of rental housing (the news), and (iii) increase in value arising from development. - Development gains amount shall be paid when a PF loan occurs to develop a first-class rental housing, and (ii) shall be paid at the end of a second-lane sale (60% of the rent), and where sale and purchase of land is conducted without fulfilling the above two conditions, 25% of the difference after deducting 16.5 billion won from the purchase price shall be paid at the time of receiving an intermediate payment (i.e., redemption of investment funds). - The Plaintiffs shall decide to fully repay the principal amount of investment funds by August 23, 2016, and notarial deeds as to the total principal amount of investment funds shall be prepared. 2) Plaintiffs and the Defendant shall prepare an authentic deed on February 24, 2016.

its key

The content of the Plaintiff Company is from the Defendant on February 24, 2016.

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