beta
(영문) 서울중앙지방법원 2018.12.21 2017가합555759

약정금

Text

1. As to KRW 97,857,972 and KRW 14,00,00 among them, the Defendant shall pay to the Plaintiff the year from June 7, 2016 to December 21, 2018.

Reasons

Basic Facts

On December 21, 2007, the defendant entered into the first implementation service contract and agreed upon the contract, and "the first implementation service contract" is "the first implementation service contract for the project (hereinafter referred to as "the project in this case") that develops the district (tentative name) in the Dail-si (hereinafter referred to as "the project in this case") with C Co., Ltd. (hereinafter referred to as "the company in this case").

The main contents of the first implementation services agreement are as follows: (a) Defendant 1 (General Provisions) (hereinafter referred to as “A” in this title) shall be referred to as “A”.

) The non-party corporation (hereinafter referred to as “B”) shall establish an association and with the authorization of the competent authorities to establish all rights and obligations of the association.

) Entrustment to, and B shall be entrusted with, the primary project and substitute land, and shall be conducted by the secondary project after replotting throughout the land of the land allotted by the authorities in recompense for development outlay and its members and other profit-making projects.

1. Gap shall pay Eul the land allotted by the authorities in recompense for development outlay computed under paragraph 2 of this Article in lieu of the entrustment of the right to use this site and the entire contents of the project under Article II to Eul;

2.The area of land allotted by Party A to Party B shall be calculated in accordance with the following standards:

The remaining area excluding the area of infrastructure, such as roads, parks, squares, facilities, green areas, etc., shall be the area calculated by adding up the area after substitution within 40.1% of the substitute land delivery rate to the association members and the area of the relevant land under Article 32 (2) of the Urban Development Act, which applies the average reduction rate under the replotting regulations of the Urban Development Act.

(b) The area of infrastructure shall be in accordance with the details of authorization for the implementation plan (including the amended implementation plan);

Article 7 (Payment of Project Costs: Payment of Land Secured for Development Secured)

1. A shall pay B, immediately after the designation of a land scheduled for replotting, the land secured for recompense of development outlay equivalent to the already executed project expenses, such as design service expenses, compensation expenses and appraisal expenses, construction expenses, the amount of the association operation expenses, etc. paid to B in connection with the project at the same time;