beta
(영문) 제주지방법원 2018.11.29 2017가합12383

지주공동사업계약효력 부존재 확인의 소

Text

1. The agreement entered into between the Plaintiff and the Defendant on the building of Jeju apartment on March 23, 2016 is null and void.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of Jeju-si D, E, and F (hereinafter the above three parcels collectively referred to as “instant site”). The Defendant is a company with real estate development, implementation, consultation, sale in lots, etc.

Article 1 (Purpose) The purpose of this Agreement is to carry out business cooperation between the parties under the principle of reciprocity in carrying out apartment building construction on the site of this case.

Article 2 (Field of Business Cooperation) The business cooperation on this Agreement may include the following areas:

1. Execution of authorization and permission of apartment due to smooth cooperation with land owners;

2. Article 3 (Method of Promotion of Business Cooperation) of the Act on the Sale and Purchase of Land smoothly after Authorization and Permission.

3. The authorization and permission shall proceed under the name of land owner for the stability of business.

4. Within two months after the business approval is granted, the Plaintiff and the Defendant enter into a sales contract, and the value of the land shall be two million won per square meter, and the payment shall be 50% at the time of the installment payment after the confirmation of the PF loan, and the balance shall be paid after the completion of 50% by sales.

(A) The owner of the land shall make a decision by separate consultation at the time of the purchase of the goods). 5. The owner of the land shall, for the smooth PF loan, immediately transfer the land to the executor who is the project undertaker after the contract, and the defendant shall provide the landowner

6. The land owner shall not cause any change in the land, dispute, or restriction on the authorization or permission business during the course of the authorization or permission.

7. Terms and conditions of a special agreement 7-1. Loans established on land shall be repaid by the landowner at the time of transfer of registration.

7-2. The landowner and the defendant shall bear the transfer tax amount of land price arising from the sale and purchase of land at the time of the land transaction contract.

Article 4 (Implementation of Contracts, Compensation for Damages, etc.) The defendant shall waive all the expenses incurred in the authorization or permission when the contract is not performed, and shall compensate for all the expenses incurred in the authorization or permission and the total amount of damages to be paid by the landowner.

§ 7 (Expenses). The authorization and permission to be effected under this Agreement.