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(영문) 제주지방법원 2015.10.23 2014가단10716
소유권이전등기
Text

1.(a)

With respect to shares of 1/6 of the real estate listed in the Schedule Nos. 1, 2, and 3:

B. Defendant B shall be in annexed Form.

Reasons

1. Basic facts

A. The Defendants: (a) were divided into real estate No. 1, 2, and 3 as indicated in the [Attachment List on March 27, 2014; and (b) the land category was changed to “site”; (c) on May 16, 2014, the Defendants acquired ownership of each real estate listed in the [Attachment List on April 22, 201 as to the land before subdivision; and (d) the ownership of each real estate listed in the [Attachment List on April 22, 201.

B. On May 6, 2013, the Plaintiff entered into a joint venture agreement (hereinafter “instant joint venture agreement”) with F (Defendant B) who represented the Defendants, to construct and operate a family hotel on real estate Nos. 1, 2, and 3, and to operate it jointly (hereinafter “instant joint venture agreement”). The main contents are as follows.

A: Plaintiff 1’s joint investors and the name of Plaintiff 1’s joint investors A and B shall be incorporated, and the project investors shall be determined by the project investors.

A shall invest 50% of the land delegated to it, and 50% of the land B shall be invested in the form of cash investment.

The amount of cash investment shall be KRW 450 million (50 million up to KRW 500 million according to the circumstances).

The amount of cash investment shall be used for the construction of family hotels, etc., and the amount generated at least 500 million won shall be borne equally by each other.

At the time of contract, 10% (based on KRW 500 million) and the remainder shall be paid to A in accordance with construction permission and construction completed.

Article 2 Division of Profits and Loss-sharing Party A and B shall jointly divide the investment profits and jointly bear the investment losses according to the ratio of the total investment amount to the investment amount.

Article 6. The contract may be terminated in cases where a loss is incurred to B due to the violation of the contract by the Party A in charge of the violation of the contract, and the Party B may claim the damages against Party A.

Article 7 Otherwise, Article 7 must ensure that Party A can secure land-related ownership and rights to dispose of land, and Party A also secure such rights.

After the conclusion of a written consultation, A shall proceed with the speed of land alteration and the speed corresponding thereto.

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