투자금 반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. From May 2010, the Plaintiff started a new construction of multi-household housing on the Incheon Strengthening-gun Cri (hereinafter “Cri”) and E land owned by the Plaintiff (hereinafter “instant land”). From around October 2011, the Plaintiff rendered a voluntary decision to commence real estate auction on the said land around October 201 when the construction was not completed.
On March 6, 2012, the Plaintiff entered into a contract with the Defendant with respect to the instant land (hereinafter “instant contract”) on the following terms:
A refers to "A" and "B", and "A" and "B" enter into a contract for the following:
1. A shall accept the permanent use of roads with a width of four meters available for passage through D and E in part of the G site in performing new construction work for D and E;
(Military Office Application Documents and Notarial Deed). 2. A is responsible for legal problems arising under the law, such as debt, lien, etc. before A is awarded a successful bid.
3. A shall be responsible for all civil petitions arising around B and E when constructing new houses.
4. It shall be recognized that A has invested KRW 100,000,000 (one billion) simultaneously with a successful bid.
5. Eul shall transfer Gap's investment amount of KRW 100,00,000 (one hundred million) to Gap after completion of the new construction work of D and E (construction work).
6.A shall be awarded to B the auction of D and E in KRW 150,000,00 (one hundred and fifty million).
7. A shall complete the construction of a road of four meters wide from the area D or E, part of the G’s site, to the Gun Office.
8.A shall transfer to B any change in its name the name of the licence already approved to D and E.
9. Any balance of H shall be paid simultaneously with sale after the completion of a new construction project;
10.Post-investment of at least 100,000,000 (day) shall be recognized as joint investors.
11. Construction materials and wastes currently loaded at H shall be restored to their original state.
Afterward, the defendant is the case in the procedure of voluntary auction of real estate.