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(영문) 서울고등법원 2016.04.22 2015나2067824
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Co-investment Agreement C (Plaintiff's wife) and D (Defendant's wife) shall, in order to purchase real estate and operate a leasing business, agree to make a joint investment with the following terms and conditions, and shall comply in good faith in good faith:

(1) Object of investment: Buildings in this case (2) The funding C and D shall jointly borrow funds from financial institutions.

Provided, That the borrower shall be C and D shall provide security in the form of security.

(3) In principle, common ownership is held, but C shall own 2, 3, and 4 underground and 202 above ground, and D shall own 1 underground and 108 above ground.

(4) A real estate lease shall be conducted in consultation with each other, and a lease contract prepared without consultation shall be null and void.

(5) The bank shall settle its funds and other expenses (including taxes and public charges) monthly from the income from the lease of earnings allocated to 5:5.

(6) Basic management of real estate and other tax reports, etc. arising from such real estate management shall be made under the responsibility of C.

(7) The sale of real estate may be agreed upon at the time a reason for the sale of real estate occurs, and loans borrowed from financial institutions shall be repaid in full.

(8) The real estate subject to prohibition of resale shall be managed jointly, and shall not be resold to another person without agreement.

In around 2006, the Plaintiff and the Defendant concluded a joint investment agreement (hereinafter “instant agreement”) with respect to the building Nos. 1, 2, 3, and 4 under the name of C and D, each spouse, and (108 and 202 (hereinafter “instant building”).

B. The Plaintiff and the Defendant stated in the instant agreement that the investment ratio was 50:50, but in fact they agreed that the Plaintiff would invest 80% and 20% of the Defendant’s investment.

C. On August 10, 2006, the Plaintiff entered into a contract with the F and two other parties to purchase the instant building at KRW 1.28 billion, and the down payment amounting to KRW 50 million on the part of the part payment at the time of the contract.

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