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(영문) 서울중앙지방법원 2015.10.22 2013가합25885
권리존재확인 등
Text

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

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

Reasons

1. Basic facts

A. C and E-NND's sales contract 1) C are named "E-resident proposal district development project promotion committee" (hereinafter "E promotion committee") under the title "E-resident proposal district development project promotion committee" (hereinafter referred to as "E promotion committee") which was being established in order to implement an urban development project on May 21, 2004 within approximately KRW 377,460 square meters of land located in the development zone as its members, in order to implement an urban development project.

(2) The delegation contract of this case (hereinafter referred to as the “instant delegation contract”) between the Corporation and the Corporation and the Corporation shall be entrusted with the authority to implement the said urban development project and be provided with the land allotted by the authorities in recompense

(2) On July 13, 2005, C entered into a sales contract with Lee Jong-chul Co., Ltd. (hereinafter referred to as "non-party company"), approximately KRW 20,826 square meters of land allotted by the authorities in recompense for development of the E commercial area (Provided, That the location of land allotted by the authorities in recompense for development outlay is determined later after replotting is completed, and the increase or decrease of the final area is determined to be settled at the time of payment of the balance; hereinafter referred to as "the land allotted by the authorities in recompense for development of land in this case") in which it would be paid by the E Promotion Committee under the delegation contract in this case, and KRW 30 million out of the down payment amount of KRW 1 billion was sold at KRW 5,50,00,000,000 and KRW 300,000,000 from July 11, 2005, KRW 300,000,000,000,000 won were issued within five days after the residents' public inspection.

3) According to the instant sales contract, the non-party company paid C the sum of the down payment and the first and second intermediate payments under the instant sales contract between July 11, 2005 and September 30, 2005. 4) Meanwhile, C entered into a contract with the E Promotion Committee and the instant delegation contract with C to change the mandatory to the Defendant with the representative director.

5. Accordingly, on August 3, 2006, the defendant is the non-party company C under the sales contract of this case.

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