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(영문) 서울고등법원 2015.02.06 2014나29751
정산금
Text

1. Of the part concerning the counterclaim in the judgment of the court of first instance, the following amount constitutes the Defendant-Counterclaim Plaintiff.

Reasons

Basic Facts

The Plaintiff and the Defendant jointly carried out the business of remodeling and selling the pentle in Jeju-do after being awarded a successful bid, and entered into a joint investment agreement with the following contents (hereinafter “instant First Agreement”).

[Indication of Real Estate] Article 2 of Jeju City Building (Dpent, hereinafter “instant pent”) / [Investment Amount] The 00 billion Won (1,200,000,000 won) / [Contents of Investment Amount]

1. The plaintiff and the defendant shall obtain auction from the Jeju court on November 23, 2009 and make an investment by 50% in the registration of ownership transfer in the name of the plaintiff and have 1/2 shares, respectively.

2.The total amount of the investment cost shall be calculated including the following:

-Court auction bid price or general real estate purchase - various taxes, public charges and other charges and expenses due to ownership transfer registration - - basic investment cost, such as nominal land purchase cost, access road land purchase cost - interior cost, house fixtures and office fixtures, but the additional amount of investment shall, if necessary, increase the amount of investment by share;

Article 3 (Contractor Relation)

1. In principle, the Plaintiff and the Defendant are joint investors who jointly manage the instant pension and jointly distribute profits generated when entrusted management.

2. The owner shall be registered as a business operator, and shall make a business report in writing once a month for the management of the passbook, the arrangements for entry, and all management affairs related to the real estate, and shall keep the matters agreed upon in writing.

Article 5 [Distribution of Profits] The plaintiff and the defendant shall distribute profits excluding taxes, public charges, general management expenses, and other expenses, etc. from the contract after the contract is concluded to the completion of sale at the rate of 50:50.

Article 6 [Matters of Special Agreement] The real estate (hereinafter referred to as "real estate of this case") and affairs of the following five items shall be applied retroactively to this Agreement:

1. Two parcels E in Seopo-si, Seopo-do and two parcels (F);

2. Seogpo-si in Jeju-do.

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