logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원성남지원 2015.06.12 2014가단21396
용역비
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an architect who performs the architectural design business with the trade name “D architect office”, and the Defendants are the owners who have shares of 1/2 of E forest land 826 square meters (F forest land 858 square meters on June 25, 2014, which was divided into F forest land 597 square meters and G forest 261 square meters on June 30, 2014; hereinafter “instant land”).

B. On September 9, 2011, the Defendants agreed to sell the instant land to H in KRW 575 million, and concluded a partnership agreement with H to the following “district joint business” (hereinafter “instant prop joint business”) that H would construct and sell a new building on the instant land.

1) The calculation of land costs shall be 2.3 million won per square meter, and road shares shall not be separately settled, provided that road shares shall be transferred for each share after the operation of a construction project. The area of the land shall be 826 square meters (2.50 square meters). (2) The Defendants shall actively cooperate in the affairs necessary for finance for smooth business, and the ratio of land price shall be 50 percent of the loan.

However, the construction cost and other project cost shall be the ratio of 50% of the loan.

3) The method of payment of land price is as follows: 50% of the amount of loan incurred after completion of civil engineering works; intermediate payment - 50% of the amount of loan incurred after completion of ductal works; remainder - the amount of loan incurred after completion of completion inspection shall be paid in full; 4) The method of determining this project shall be determined and decided by H to the Defendants’ opinions.

5) The proceeds of the Project shall be at the time of the completion of the Project and shall include all the costs necessary for the Project (including land prices, business income taxes, design costs, taxes and construction costs, and the remainder shall be the proceeds.

C. H’s standard building design contract with the Defendant and K architect L, which designs multi-household houses of the fourth floor above the ground level on the 2,630 square meters above the instant land, including the instant land and I, and J land, in the amount of KRW 127 million around November 201.

arrow