beta
(영문) 인천지방법원 2020.07.14 2018가합64527

손해배상(기)

Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

Based on the facts, Defendant B is a person who was the owner of 8,797 square meters of forests and fields D (hereinafter referred to as “D land”) in Chungcheongnam-gun, Chungcheongnam-do, and 390 square meters of F before 390 square meters (hereinafter referred to as “F land”).

On September 5, 2011 and September 7, 2011, D land was divided into D forest land 7,683 square meters, G forest land 34 square meters, H forest land 18 square meters, I forest land 939 square meters, and J forest 123 square meters. F land was divided into F 121 square meters prior to F, K 24 square meters prior to K, and L B 25 square meters prior to L, and on January 1, 2012, Jin-gun M became N in Jin-si, Jin-si.

Around March 2011, Defendant B and E entered into a joint agreement for real estate development with Defendant C Co., Ltd. (hereinafter “Co., Ltd.”) on the construction and sale of neighborhood living facilities on D land and F land (hereinafter “instant joint agreement”). The agreement includes the following:

① Defendant B and E provide Defendant C with land and trust for a joint project, and Defendant C shall pay KRW 8.3 billion for the supply of land to Defendant B and E within one month after completion of the project. ② Defendant B and E shall be liable for various taxes and legal defects imposed on D land and F land. ③ Defendant C shall faithfully perform all the business of the project as a good manager and collect profits therefrom, and Defendant C shall be determined under the responsibility of Defendant C. ④ The total cost of the project related to the progress of the project shall be borne by Defendant C, and the amount excluding the cost of the project shall be reverted to Defendant C. < Amended by Act No. 12735, Jun. 7, 2014; Act No. 12735, Jun. 7, 2014>