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(영문) 부산지방법원 2016.01.13 2014가단53390
착수금반환
Text

1. The Defendant’s KRW 77,00,000 as well as 5% per annum from June 19, 2014 to January 13, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On July 12, 2007, the Plaintiff and the Defendant concluded an appraisal service contract related to housing redevelopment and improvement projects in the old 6 Zone (hereinafter “instant contract”) with the following content.

A: Plaintiff and B: Defendant 1 (Name and Scope of Work of Contract): Title of contract: Appraisal related to the projects of the Housing Redevelopment and Improvement Project Association in Zone Six of the old District.

(a) Transfer, acquisition, and evaluation of fundamental infrastructure without compensation;

(b) Evaluation for the purchase of State-owned or public land;

(c) Valuation of previous assets;

(d) Valuation of residual assets;

(e) Other methods of appraisal (based on a consultation compensation, etc.) under Article 3 (based on an appraisal) and the criteria for price calculation shall be as prescribed by the relevant laws and regulations relating to appraisal for each purpose, and matters not prescribed by the laws and regulations shall be assessed in accordance with the general standards of appraisal and shall be presented to A.

Article 6 (Submission of Reports) (2) The deadline for submission of an appraisal report shall be within 90 days (excluding Sundays and holidays) from the date of request.

Provided, That the period may be extended in consultation with A, if the period of this survey is not completed within the said period or there is any other reason due to a natural disaster, etc.

Article 7 (Appraisal Fees) (1) The standard appraisal fees for appraisal and assessment fees shall be based on the statutory fees prescribed in Article 2 (1) of the Ordinance of the Ministry of Construction and Transportation, which are applicable to the remuneration of appraisal business operators prescribed in Article 2 (1) of the same Act ( March 8, 2002)

(2) The fees for appraisal and assessment based on the criteria under paragraph (1) shall be fully paid within two months after the submission of the report on appraisal and assessment.

Article 12 (Cancellation of Contracts due to Force Majeure, etc.) (1) Where there are unavoidable circumstances recognizable by both parties, such as natural disasters, etc., both parties may be requested to cancel this contract.

(2) Where both parties cancel a contract, Party A shall pay Party B expenses incurred therein.

B. Appraisal fees under Article 7 of the instant contract.

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