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(영문) 의정부지방법원 2018.10.31 2017가단127937

기타(금전)

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On November 3, 2016, the Plaintiff and the Defendants concluded a joint development agreement (hereinafter “instant development agreement”) with respect to the real estate land and seven parcels, other than D-si, Namyang-si, the Defendants owned on November 3, 2016. The Plaintiff and the Defendants agree to jointly promote the instant development project and enter into this contract based on the principle of good faith and sincerity for the successful implementation of the named E development project (hereinafter “instant development project”).

(Project Name Subsequent Consultation). Article 1 (General Provisions) The Plaintiff and the Defendants set forth in this Framework Agreement the basic principles of development with respect to the development affairs, the rights and obligations between the parties, and the method of implementation of the development affairs, and the detailed conditions, terms and conditions and special agreements.

Article 2 (Price for Providing Site) The Plaintiff shall, in return for a joint project, determine the amount of KRW 1,50,000 per site price of 3.3 square meters per site to the Defendants and pay it in accordance with the total project area.

Provided, That the time of payment shall be the completion of the project by phase, and the timing may be adjusted through consultation between the parties.

Article 3 (Contractor Relations) (1) The Plaintiff’s overall agent for the development of the project site and the post-management business entity as a good manager, and receives the development profits in return. 2) The Plaintiff has overall control over all business affairs of the development project.

3) The development direction and consensus concept are determined by mutual agreement between the Plaintiff and the Defendants under the Plaintiff’s responsibility. 4) F plays a neutral role in relation to all matters between the Plaintiff and the Defendants.

Article 4 (Mutual Cooperation) (1) The Defendants’ roles and responsibilities are the Defendants, for the purposes of this project, shall issue and provide the necessary documents at the request of the Plaintiff.

The plaintiff shall use all the documents provided by the defendants only for the purpose of this business.

B. The Defendants are undertaking projects relating to this Agreement.