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(영문) 서울중앙지방법원 2014.05.30 2013가합531908

재단채권확인의소

Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be incidental to participation.

Reasons

1. Basic facts

A. A district land readjustment project execution contract and construction contract contract execution contract 1) The Plaintiff shall be the land of 1,441,300 square meters in Ulsan-gu, Ulsan-gu and E members of the land in force from around 1998 to around 2006 (hereinafter “instant project district”).

(2) The land readjustment project of this case (hereinafter referred to as the “land readjustment project of this case”)

(2) On August 28, 1998, the Plaintiff agreed to transfer to the Defendant the overall land development recompense for development recompense within the said land readjustment project zone (hereinafter “instant land”). On August 28, 1998, in relation to the instant land readjustment project, for which the Plaintiff was scheduled to obtain authorization from the project implementer, the Plaintiff agreed to transfer to the Defendant a plan of 316,530 meters of the land secured for development recompense for development recompense within the said land readjustment project zone (hereinafter “instant land”).

(3) On January 28, 1999, the Plaintiff entered into a construction contract for the instant land readjustment project with the construction cost of KRW 100,803,926,000, and the construction cost of the instant land readjustment project with the construction period from January 29, 199 to August 12, 2003, and thereafter extended the said construction period to August 13, 2007 (hereinafter “instant construction contract”).

(4) On November 1999, the Plaintiff transferred the land allotted by the authorities in recompense for development outlay, which was agreed to be paid as construction cost for the prompt promotion of the land readjustment project project in this case, to the land owners in the name of the land allotted by the authorities in recompense for development outlay for development outlay, which was owned by the Plaintiff, as well as the construction cost under the construction contract in this case.

B. 1) On or around March 2001, in the project district of this case F (the part corresponding to the calculation of the square meters of land allotted by the authorities in recompense for development outlay of this case) is about 38,214 meters from the land allotted by the authorities in recompense for development of land.

was scheduled to be constructed at the same time.