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The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance.
Reasons
1. Presumed fact-finding 【Evidence of Absence of Dispute, Evidence Nos. 1 through 10, Evidence Nos. 5 and 6, and the purport of the whole pleadings
A. Since around 1993, the Plaintiff newly constructed and sold a main complex building on the land located in Busan-dong, Busan-dong, Busan-dong (hereinafter “instant project”) in lots (hereinafter “instant project”).
) A plan is planned to do so, and the total area of 14,359 square meters (two parcels in Ghana are added and the total area of 14,549 square meters is 14,549 square meters.
"The land of this case" in total below is "the land of this case"
(2) On April 3, 1995, the Plaintiff entered into a contract with the head of Busanjin-gu to newly construct a sales business facility with the size of 166,899.54 square meters on the instant land and a multi-unit housing on the instant land (hereinafter referred to as “instant contract”). On April 3, 1995, the Plaintiff entered into a contract with the head of Busan-do to newly construct a multi-unit building (hereinafter referred to as “the instant building”) with the Defendant and the Han-si Co., Ltd. (hereinafter referred to as “Dongyang-dong”) by absorbing into a new construction on the instant land (hereinafter referred to as “the instant contract”).
B. On May 11, 1995, the Plaintiff entered into an agreement with the Defendant and Dongyang (hereinafter “Defendant, etc.”) to delegate all business affairs related to the instant building to the Defendant, etc. in addition to the instant contract. On May 25, 1995, the Plaintiff entered into an agreement with the Defendant, etc. to delegate all business affairs related to the instant building to the Defendant, etc. (hereinafter “the second agreement”).
C. The Defendant et al. filed a motion to file a lawsuit against the Plaintiff by the Seoul District Court 96No1165 around May 196, 196, including the preparation of a protocol of compromise and the change of the name of the project undertaker, etc., and the Defendant et al. filed a motion to file a lawsuit against the Plaintiff on July 30, 1996 with the Defendant et al., Counsel for the defendant et al.