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(영문) 부산지방법원 동부지원 2018.04.26 2017가합107314
예금
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1. Of the principal lawsuit of this case, the part of the claim by the plaintiffs (Counterclaim defendants) against the Busan Bank.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiffs, as legal couple, were owners of the land of 3,031 square meters in Busan Shipping Daegu D (hereinafter “instant land”), and Defendant C entered into a joint agreement with the Plaintiffs on February 16, 2012 on the joint project with the content that the instant officetel (hereinafter “instant officetel”) was newly constructed and sold on the instant land (hereinafter “instant joint project agreement”) (hereinafter “instant joint project”).

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

Joint Project Agreements

(3) Site area: 3,031 square meters: 44,040 square meters in total, (4) 44,040 square meters in total, (22 stories in underground and 22 stories in ground);

2. Trustee: Korean land trust in a stock company;

3. A truster and beneficiary: Plaintiff A, B, and Defendant C.

4. Construction: Article 1 of the New Taeyang Construction Co., Ltd. / [Purpose] The purpose of this Convention is to construct and sell officetels in a business area by designating the truster and beneficiary (hereinafter “trustee”) A as “A”, “B”, “B”, Defendant C” and “A” as “I”, and “I”, respectively.

Article 2 (Subject of Project)

1. Gap, Eul, and Byung shall be jointly selected as a contractor for new solar construction in a stock company (hereinafter referred to as "contractor").

2. The truster and the trial corporation shall jointly conduct a business by real estate development trust;

Article 3 [Conditions for Share Distribution]

1. A and B’s share (1) are 30% of the business site A and B, and 30% of the business site B are invested in kind by 30%, and 30% of them.

(2) The liabilities established in the business land shall be repaid with the exception of six billion won.

3. A out of the above 6 billion won shall bear 2.2 billion won, and 2.2 billion won, respectively.

2. The content of soldier’s apportionment (1) Byung shall make an investment in kind by 40% of the project site of 3,031 square meters.1 square meters.

2. The amount of the above debt of KRW 6 billion is KRW 1.6 billion.

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