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(영문) 서울고등법원 2011.07.13 2010나22745
분배금
Text

1. The part of the judgment of the court of first instance against the Defendant (Counterclaim Plaintiff) shall be revoked, and the said revoked part shall be revoked.

Reasons

1. Following the facts:

(a)bee;

(c) Each fact described may be admitted by adding to the whole purport of the pleadings each part of the testimony made by K and C, or by adding to the whole purport of the pleadings, either the parties to dispute or the evidence set forth in Section A 1 through 3, 5, 12 (including each number), Section B 1 through 15, 18, 86, and 90 (including each number), and any part of the testimony made by K and C.

(1) Around June 2001, the Plaintiff entered into a partnership agreement with the Defendant and C to jointly purchase the land and to newly construct and sell the land and to distribute profits in 1/3 by selling the land (hereinafter “instant partnership agreement”).

On July 26, 2001, the original defendant and C completed the business registration under the joint name of "D" and conducted the said joint business. The plaintiff was in charge of fund management and accounting, and the defendant and C were in charge of construction and sale.

(2) Pursuant to the instant business agreement, the Defendant and C purchased each of the same Gu G 360 square meters around July 2001 and the same Gu F 393 square meters around the Nam-gu Incheon Metropolitan City E, and the same Gu G 360 square meters around March 2002, and the said Gu 360 square meters around the same site, and the construction of Bara was implemented on each of the above sites.

On December 26, 2001, the above-mentioned ground lending (hereinafter “the first lending”) was approved for the use of the above-mentioned ground lending (hereinafter “the second lending”) around April 9, 2002, and the above G ground lending (hereinafter “the third lending”) around October 7, 2002. The first lending was approved for the use of each lending around October 7, 2002.

(3) When the sale of each of the instant lending units was completed on December 1, 2002 to the first patrol officer, the first Defendant and C filed a report on the closure of business as to the “D” on December 5, 2002.

B. The original Defendant and C invested KRW 160,000,000 each as the partner’s money, and the remainder of the construction cost was financed by the financial institution, etc.

(2) The plaintiff to be in charge of managing partner fees is himself from the business agreement of this case to March 10, 2002.

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