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(영문) 인천지방법원부천지원 2016.11.17 2016가단105413
건물명도
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 the owner of the Yongsan-gu Seoul Metropolitan Government C Dae-gu 880 square meters (hereinafter “instant land”), and the Defendant is a person engaged in the construction business with the trade name D.

B. On September 9, 2015, the Plaintiff and the Defendant jointly constructed two buildings (dong and Dong Dong) on the instant land and sold them in lots, and entered into a joint agreement to distribute profits therefrom (hereinafter “instant partnership agreement”). The main content of the instant partnership agreement is as follows.

Article 2 (Delegation Contents) A (hereinafter referring to the plaintiff; hereinafter the same shall apply) shall delegate the following affairs to B (the defendant is named; hereinafter the same shall apply):

1. Registration of land division;

2. Architectural design and survey;

3. Removal and all other facilities; and

4. Execution and execution.

5. Sales by proxy (Joint Sale by Units A and B) Article 3 (Construction Price)

1. A shall bear 500 million won out of the construction cost as a bank loan;

2. Eul shall make an investment of 310 million won in the cost of construction work.

3. Gap and Eul shall make a distribution of earnings by household, as shown in the separate lot, at the time of sale by household.

Article 4 (Matters Subject to Special Agreement)

1. The distribution of profits shall be 50% by Gap and Eul respectively.

2. After completion, the management and operation of the building and repair of defects shall be responsible for them;

3. The costs of the above 2 paragraphs and 2 above are also responsible for all other issues.

4. The commencement date of the foregoing project shall be the date of commencement from October 1, 2015 to the end of December 2015, and the remaining household units in units shall be the completion date until March 31, 2016;

5. The sale in units by each household shall be the key to the sale in units jointly by Gap and Eul;

C. In accordance with the instant business agreement, the Defendant continued construction pursuant to the said business agreement, and newly constructed real estate listed on the instant land (hereinafter “instant building”) and left the end stage for completion of construction. However, as a dispute between the Plaintiff and the Defendant arises regarding investment and construction cost, the construction was suspended upon the Plaintiff’s complaint filed against the Defendant for fraud around March 2016.

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