(영문) 창원지방법원마산지원 2017.06.21 2016가합100102

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(영문) 창원지방법원마산지원 2017.06.21 2016가합100102

정산금 등

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff (formerly: Co., Ltd.) is a company engaged in civil engineering construction business, housing construction business, etc., Defendant B is the husband of the network F (hereinafter “the deceased”) who was the owner of land E (hereinafter “instant land”) in Gyeongnam-do, Chungcheongnam-do, Yangyang-do, and Defendant C (hereinafter “Defendant C”) is a company established on April 17, 2015 with the real estate development business, housing construction business, etc. as its business purpose.

B. On December 31, 201, the Plaintiff and the Deceased agreed to jointly carry out the business of constructing and selling an apartment (G apartment) on the instant land owned by the Deceased (hereinafter “instant business”). As to this, the Plaintiff and the Deceased agreed to jointly carry out the joint project agreement (Evidence A 1). The main contents thereof are as follows.

3. The rights and shares 1) A (the deceased) shall provide land to B (Plaintiff). 2) The entire execution of this project shall be responsible for the execution of this project and shall also be responsible for expenses, construction costs and all other money.

6) The shares in this project are 30% and 70%. (7) Eul is responsible for the profit of at least 250 million - 300 million won to Gap.

4. The purchase price of the above land shall be the price for the sale of the above land to Eul as the price for the daily gold KRW 2.0 million.

8.A shall be registered as a single director of a corporation B (this project) and shall be allocated 30% of the shares in the event of Eul (limited to this project) and its directors and shares shall be refunded to B upon completion of the project (limited to this project).

9.For the smooth progress of the Project, A and B shall fulfill their respective responsibilities in the event of legal problems arising out of their respective problems and, if they fail to fulfill their responsibilities, waive their rights and process them by the rest of the right holders.

C. The apartment building was commenced on May 20, 2012 and completed around July 2013 with the deceased as the owner of the building.

1. The land price shall be KRW 400 million, and the difference shall be paid in cash to the project owner by October 31, 2013 after deducting the amount referred to in paragraph 3 below:

2.1 paragraph 1.

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