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(영문) 부산고등법원(창원) 2014.09.25 2013나20246
채무부존재확인 등
Text

1. The judgment of the court of first instance is modified as follows.

As of November 20, 2006, the plaintiff's subordinate village to the defendant.

Reasons

1. Basic facts

A. On November 20, 2006, the Plaintiff entered into a concession agreement (hereinafter “instant agreement”) with the Defendant on November 20, 2006 with respect to the project to create the Hado-Jin-Do Hado-Jin Complex (hereinafter “instant project”). The main contents of the agreement are as follows.

(A) Article 2 (Major Business Contents). The contents of the project shall be based on the proposal submitted by the project operator to the subordinate-gun, and the details and scale of the project shall be as follows:

1. Project name: A project to develop a subordinate village pension complex;

2. Location of the project area: 22,90 square meters (6,954 square meters) for the area of the 19 parcel outside the area of the 8-1 area of the Heungdong-dong, Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-do.

3. Main facility site: An error arising from design and technical reasons in the area of construction facilities, such as infrastructure, park, public parking lot, and waterworks and sewerage facilities, which are 203 square meters in 203 square meters in 442 square meters in pentary housing: An error that occurs in the area of construction facilities, such as infrastructure, park, common parking lot, and waterworks, may be adjusted by consultation between the sub-Gun and the project implementer within the limit of 5 percent;

Article 4 (Purchase and Ownership of Land) (1) Any land within the prearranged zone necessary for implementing the project shall be entrusted by subordinate Gun with the purchase of land (including the buried land) by proxy in accordance with the relevant Acts and subordinate statutes.

(2) After purchasing land, sub-councils and summarys of houses for public use shall transfer ownership to persons who purchase land in units, and those who purchase land in units shall bear expenses incurred in transferring ownership.

(3) The amount of land compensation shall be the average amount calculated by two appraisal corporations.

(4) A subordinate group shall, upon a request of a project operator, provide necessary support, such as the organization of the representative consultative body of landowners related to the purchase of land and the appraisal of land prices, by an agreement.

(5) Where this Convention is terminated, the methods of disposal of land, etc. already acquired shall be dealt with through mutual consultation between sub-Gun and project implementers.

Article 5 (Promotion of Authorization and Permission) (1) All authorization and permission, approval, etc. related to the implementation of this project shall be subordinate to Gun and project implementor.

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