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(영문) 부산고등법원(창원) 2014.12.18 2013나1665

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order for payment shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On November 7, 200, C Co., Ltd. (the representative director at the time is the defendant; hereinafter referred to as “C”) entered into an agreement with the F Association (the owner of the land located in Yongsan-gu D in Changwon-si; hereinafter referred to as “F Association”) on November 7, 200 to promote the instant project with its own funds after being entrusted by the F Association with the “G Tourist Site Development Project and Development Project” (hereinafter referred to as the “instant project”), and at the same time, the F Association entered into an agreement with C to transfer in return the development recompense land to be created as a result of the instant project (Evidence 1).

The main contents of the Convention are as follows:

Article 2 (Contents of Business): (1) Location of the G tourist resort development project. (2) Location of the G tourist resort development project. Article 3 (Designation and Right of Development Project Operators) of the former Masan-si D Daywon (G District Member) (1) The F Union shall designate C as the development project operator of the G tourist resort development project at the same time as this Agreement is concluded, and the said project operator shall have the status of the entrusted project operator as specified in the Convention and the Articles of Incorporation (Article 3 of the Addenda).

Article 4 (Responsibility and Performance Bond for Projects) (1) A developer shall, in principle, perform the implementation of the project at his/her responsibility and expense as prescribed by the agreement.

(4) Business entities shall lawfully implement a development project by taking charge of matters concerning the affairs related to civil petitions, agency affairs, and overall affairs of the development project.

Article 5 (Preparation, Amendment, and Approval of Development Project Plan) (1) The preparation of the project shall be formulated and prepared by the project executor at his own expense and at his own responsibility, and the development project plan prepared shall be implemented by submitting it to the relevant administrative agency after obtaining the approval of the association as prescribed by the articles of association of the association and obtaining the approval of the plan in accordance with the relevant Acts

Article 10 (Termination and Effect of Early Termination of Agreements) (1) Where any cause attributable to the following parties exists, the cause for the termination of the project shall be caused before the completion of the project: