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(영문) 서울중앙지방법원 2018.10.19 2018가합530160

손해배상(기)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Defendant is an executor of a new E- (hereinafter “instant apartment”) constructed in Gangdong-gu Seoul Metropolitan Government D D (hereinafter “instant apartment”).

(B) The business of newly building and selling the apartment of this case (hereinafter “the instant business”).

On July 20, 2010, the Defendant entered into a project promotion understanding with F Co., Ltd. (hereinafter “F”) that F will participate in the instant project as a contractor of the instant project, but F did not participate as the contractor of the instant project since 2013, as F had experienced financial difficulties.

C. On August 7, 2013, Nonparty G Co., Ltd (hereinafter “G”) submitted to the Defendant a letter of intent to participate in the instant project implementation.

The letter of intent to participate was written on September 30, 2013, but G decided not to participate in the project of this case on March 2014 following the expiration of the term of validity.

(1) Business name: Gangdong-gu D-Japan E (main facility: 3 to 24 above ground (household 438 households): H station area (current 2 general residential area, quasi-residential area): H station area (current 2 general residential area, quasi-residential area): The defendant shall transfer the area to A and the plaintiff, respectively, as follows:

* 사업소득 약 200억원 기준임 * 33평 × 10EA = 6,500,000,000원(1세대당 분양가 금 650,000,000원) * 25평 × 2EA = 1,000,000,000원(1세대당 분양가 금 500,000,000원) 피고는 원고 A에게 33평 × 5세대(= 3,250,000,000원)를 양도한다.

The defendant shall transfer to the plaintiff B 33 】 5 】 (=3,250,00,000) and 25 x two households (=1,00,000,000).

The above transfer includes the complete completion of any other public imposts, and the time of the transfer shall be the time of completion of the sale.

[Provided, That (i) if the project is not implemented normally, the implementation agreement shall be null and void in principle, and no objection shall be raised for civil criminal purposes.

ii) the above rights may not be transferred to a third party.

D. Meanwhile, on January 9, 2014, the Defendant is the Plaintiffs.