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(영문) 인천지방법원 부천지원 2018.08.14 2017가단114803
양수금
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 August 13, 2016, C, D, and the Defendant entered into a partnership business agreement (hereinafter “instant partnership business agreement”) with respect to the business of selling the instant land to a third party after completing the civil engineering project with respect to the forest land located in Yongsan-gu, Busan (hereinafter “instant land”) located in the name of the E, F, and G (hereinafter “instant land”). The main contents of the agreement are as follows.

Article 1 [Purpose] The purpose of this Agreement is to provide for the basic matters concerning the rights and obligations between Gap (C), Eul (Defendant), and Byung (D) in the projects after the implementation of civil engineering works for H's land in the Seocho-gu Incheon Metropolitan City in Gyeonggi-do to the sale of a third party after the joint implementation thereof.

Article 4 [Principles of Project Implementation] A, B, and C shall be responsible for and manage the funds invested in the project.

A, B, and C shall comply with the following matters concerning the business classification:

1) Byung shall exercise overall control over H land division / Civil Works Permit / Civil Works Permit / Construction Permit / C) Byung shall have the stable construction with a low-base of H land, and if it later turns out to be defective construction, all responsibilities will rest.

3) In the event of engineering works for H land, Byung will bear the full amount of the construction cost. 4) Byung, Eul, and Byung will only sell H land projects to third parties and sell them to others. Before completion of the civil engineering works, Byung, Eul, and Byung may sell them at an early stage under the agreement of Gap, Eul, and Byung.

5) Byung shall pay to Gap all the amount of money, such as civil construction costs and authorization costs, and shall make Gap pay it through the owner of the passbook. Article 5 (Ratio of Business Profits 1) The ratio of the profit ratio of the project shall, in principle, be 50% for Gap, 30% for Eul, and 20% for Byung after the implementation in accordance with the agreement.

Article 7 (Payment of Business Proceeds) (Payment of Proceeds) Of the proceeds of this project, the proceeds equivalent to the shares of Gap, Eul, and Byung shall be after the completion of the public works of H land.

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