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(영문) 부산지방법원 2014.11.28 2012가단53006
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. The Plaintiff is a housing reconstruction project partnership that completed the establishment registration on July 30, 2003 with the approval of establishment from the head of the Busan Metropolitan City North Korea on January 21, 2003 to promote the reconstruction project of 128,498.85 square meters on the ground of 834 and 10 square meters (hereinafter “instant site”). The Plaintiff is a company with the purpose of housing construction business and housing site preparation business, etc.

B. On August 19, 2002, the Plaintiff decided to select the executor of the instant project as a public tender, and announced a public tender on August 19, 2002. On September 30, 2002, the Defendant issued a project participation proposal to be selected as the contractor of the instant project (hereinafter “instant project participation proposal”).

On October 19, 2002, the Plaintiff’s association was selected as the executor of the instant project at the general assembly for the establishment of the Plaintiff’s association and the selection of the executor. (2) On October 8, 2003, the Defendant entered into a contract between the Plaintiff and the Plaintiff for the construction of the instant project (hereinafter “instant provisional contract”).

C. After entering into the instant provisional contract, the Plaintiff was on January 18, 2006, and the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

(2) The Plaintiff and the Defendant continued negotiations to enter into this contract in accordance with the instant provisional contract, and on February 28, 2006, the Plaintiff’s free share ratio of the Plaintiff’s members, which is the average share ratio at the time of entering into the instant provisional contract, is lower than 116%, due to the change in the floor area ratio of the instant project.

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