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(영문) 서울중앙지방법원 2018.12.14 2018나35072

손해배상(기) 등

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On April 17, 2003, the regional housing association obtained authorization for the establishment of the regional housing association pursuant to Article 44 of the former Housing Construction Promotion Act (wholly amended by Act No. 6961 of May 29, 2003) and Article 42 of the Enforcement Decree of the same Act from the old Si/Gun/Gu Housing Construction Promotion Act (wholly amended by Act No. 6961 of May 29, 2003) and Article 42 of the same

B. From around 2003, the District Housing Association: (a) selected several executing units and city construction projects; and (b) promoted a collective housing development project in the said prospective site; (c) held an extraordinary general meeting on July 19, 2004; and (d) selected the Plaintiff as the implementer of the said regional housing project.

C. On November 22, 2014, the Plaintiff concluded a business participation agreement with the Defendant, who is a member of the instant association, as follows (hereinafter “instant contract”).

The preceding sentence

1. As of the date of the conclusion of this contract, the Defendant retains the status of the truster who entered into a security trust contract with an international trust company, and is a person who entered into a membership contract with a regional housing association B, and is a member who applied for a partnership agreement on the condition that the housing type to be subscribed is maintained at the time of application

2. The Plaintiff is an exclusive business operator to carry out a collective housing development project in the site for authorization for the regional housing association B.

4. The term "profit from settlement" means an amount according to the method of settlement attached to the defendant, which shall be paid to him on the basis of the profit after completing the development of this real estate

Article 3 (Time to Pay Profits) The plaintiff shall conduct development projects and sell this case's real estate, and pay the balance of the sale price within one month after the completion of the settlement of accounts in accordance with the method of settlement of real estate.

Article 4 (Liability and Duty of Land Entrusting) (1) After the conclusion of this contract, the defendant shall actively cooperate with the real estate development project of the plaintiff's main body, and shall bear the liability for damages in case of violation.

② The Plaintiff’s principal real estate is the Defendant.