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(영문) 서울고등법원 2016.05.27 2016나2004202
동업정산금 반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On September 26, 201, the Defendant and C concluded a sales contract with a view to jointly purchasing each of the real estate listed in the separate sheet (hereinafter “instant land”) from a natural industry (hereinafter “instant sales contract”) for KRW 900 million (hereinafter “instant land”).

(2) At the time of the conclusion of the above sales contract, the Defendant and C agreed to succeed to the obligation of KRW 300 million to Ltim Credit Cooperatives (hereinafter “FFF”) with respect to the instant land, as well as the obligation of KRW 94 million to South Korea Agricultural Cooperative (hereinafter “FFF”).

(3) The remainder under the instant sales contract was paid, and on December 2, 2011, the registration of ownership transfer was completed in the Defendant’s name with respect to the share of 7/10 of the instant land, and the share of 3/10 in the name of C.

B. After the Defendant’s repayment of loans and establishment of a right to collateral security, the Defendant obtained loans from the Agricultural Cooperatives on February 7, 2012 and repaid loans from the New Cooperatives on April 10, 2012 under the name of the Defendant respectively, and cancelled the establishment of a right to collateral security while repaying the existing loan obligations for the instant land. At the same time, the Defendant completed the registration of new establishment of a right to collateral security with the Defendant as the debtor, the agricultural cooperative and the new cooperative, on the instant land in order to secure its loan obligations.

C. (1) Around February 2012, the Defendant and C entered into a contract for construction work with D to remove the existing building located on the instant land and to develop and sell the electric source housing as follows (hereinafter referred to as “E”): The location of the development and sale of the electric source village: 9,804m2, farmland 4,481m2: The name of the construction project in the school site: the permission for civil engineering and the diversion of farmland: the construction cost of the appurtenant construction project: 561,30,000m2.

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