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(영문) 수원지방법원 2017.02.09 2016가단29056
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 17, 2015, the Defendant, on behalf of the designated person who is the owner of the land C (hereinafter “instant land”), concluded a joint development project agreement with the Plaintiff (hereinafter “instant agreement”) with the following details.

The land category of the site site in Jeju: The land category of the site: approximately 480 square meters, and approximately 421 square meters in general residential areas: The total floor area of a multi-household complex (multi-household neighborhood living facilities): approximately 717 square meters: the size of a multi-household underground parking lot: approximately 717 square meters: the 2nd and 6th and 7th, and Article 1 (Purpose) A (referring to the defendant and the selected person) of the reinforced concrete structure is the land owner of the project site, and Eul (referring to the plaintiff) is a joint business owner, and its purpose is to maximize profits by newly constructing and selling multi-households in the project site.

Article 2 (Methods of Implementing Projects)

1. A shall provide land, and B shall proceed with planning, authorization, permission, construction, completion, sale in lots, and conduct a project jointly for the overall construction project, and commence the project following the agreement on the prop joint development project;

2. 1) A shall pay 5,00,000 won as down payment to Party B as the meaning of the project implementation agreement, and upon the violation of the agreement, Party B shall compensate Party B for KRW 10,000,000,00 to Party B. 2) B and C shall invest expenses (authorization and permission, design, and completion of shipbuilding) until the framework is completed, and Party B shall thereafter invest in financial right loan support (200,220,000,000,000) and thereafter settle the remainder of the expenses by the completion of the agreement after the completion of the agreement.

4) The distribution of earnings A and B shall be divided to 40:60. Article 7 (Prohibition of Assignment of Rights and Obligations)

3. No right or duty under this project agreement, nor any project right, real estate related to the project shall be transferred or succeeded to by a third party or provided as an object of security without the consent of the other party.

In the event of a violation of this Act, the party which caused the violation shall be liable to all the civil and criminal responsibilities and to the other party for the damage.

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