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(영문) 수원지방법원 2018.11.15 2017나82765

약정금반환등

Text

1. The judgment of the court of first instance is modified as follows.

The plaintiff's claim of this case was 40,150,000 won and this.

Reasons

1. Basic facts

A. On December 9, 201, the Plaintiff, C, D, and E entered into a joint agreement with the Defendant, the owner of five parcels of land, F, and E (hereinafter “instant land”) (hereinafter “instant agreement”) with the following contents (hereinafter “instant agreement”).

(C) In order to attract artists within the instant land, the following joint agreement is concluded in accordance with mutual trust and good faith with the president C, the president D, the former president E, and the Plaintiff (hereinafter referred to as “B” within the instant agreement) of H C, the art group, and the president D, the former president E, and the Plaintiff (hereinafter referred to as the “Plaintiff”) of the instant land, on the site of approximately 80,000 square meters of the instant land (hereinafter referred to as “instant project”).

Article 1 (Purpose) The purpose of this Agreement is to provide for the basic matters concerning rights and obligations between Gap and Eul in the joint implementation of the Project and the attraction of artists in the land of this case, and for the successful implementation of this Project, Gap shall complete authorization and permission and basic work, and Eul shall actively support Eul to ensure that the Project is carried out smoothly.

Article 2(1) Location. 4) The first-lane Party A shall acquire the authorization and permission so that it can be newly built by moving into the name of 4 persons of B, and complete appropriate infrastructure, and B shall cooperate so that the land of 30,000 square meters per 30,000 won per 30 square meters at the same time.

5) The land price and the infrastructure cost must be paid preferentially from the sale. 6) After the completion of the land price and the infrastructure cost of Party A, the profit must be subsidized to the art gallery of Party B and the cost of construction of creative tubes.

Article 3 (Principle of Project Implementation) A shall accurately proceed with the procedures for the authorization and permission and the sale of the land for the project site (the transfer of ownership).