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(영문) 대구지방법원 2010.08.13 2010가합1788 (1)
사업시행권자확인 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On July 22, 2009, the Plaintiff purchased each real estate (hereinafter “instant real estate”) listed in the separate sheet from Nonparty C Co., Ltd. (hereinafter “C”) and entered into a joint agreement with the Defendant on July 22, 2009 with respect to the instant new construction project (hereinafter “instant joint agreement”), and Nonparty E and F jointly guaranteed it.

B. The main contents of the instant joint project agreement are as follows.

(‘A’ means the Defendant, and “B” means the Plaintiff). [C] Article 3 (Liability and Work of A)

1. A’s responsibility and business 1) The investment funds of A in this project area shall be KRW 2,00,000,000 (2,000,000) with land purchase funds. 2) The transfer of ownership on land is “A”.

3) 4) Assistance to the overall affairs necessary for the implementation of the project, such as the operation of the project and the overall affairs related to the project, such as the project's authorized and permitted work, 2. B's responsibility and work 1) participation in the purchase of land, buildings, etc. in the project site, 2) participation in the ownership transfer or trust work for the real estate in question, such as land, buildings, etc.; 3) selection of contractor, construction design and authorization work, 4) participation in the project's authorized and permitted work, etc.

5) All the tasks required for the overall joint project. 6) Cooperation in the work as a joint business proprietor of the project. The project under Article 4 (Apportionment of Shares and Business Profits), Article 4 (Apportionment of Shares and Business Profits), and Article 4 (Distribution of Shares in Joint Project), within the Company A, shall operate its domestic development project headquarters in a separate account, and the shares shall be settled at the rate of 51 per cent and 49 per cent, and the distribution of business profits shall be settled after deducting various taxes and taxes from the profits at the

(Provided, That the shares of Section B shall be separate from the shares of Corporation B, Corporation B, and the Project. Article VII (Fund Management) 1.

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