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(영문) 창원지방법원진주지원 2013.02.06 2012가합931
채무부존재확인 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On November 20, 2006, the Plaintiff and the Defendant concluded a concession agreement (hereinafter “the instant agreement”) with respect to the project for the creation of the pentain Complex (hereinafter “instant project”) by setting the project period by December 31, 2007. The main contents are as follows.

Article 2 (Major Business Details) The contents of the project shall be based on the proposal submitted by the project operator to the "Hadong-gun", and the details and scale of the project shall be as follows:

1. Project name: A project to develop a subordinate village pension complex;

2. Location of the project area: 22,90 square meters (6,954 square meters) for the area of the 19 parcel outside the area of the 8-1 area of the Heungdong-dong, Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-do.

3. Major facility housing site: An error arising from design and technical reasons in the area of construction facilities, such as multi-purpose infrastructure, park, common parking lot, and waterworks and sewerage facilities, which is 203 square meters in 203 square meters in total, may be adjusted by consultation between "Hadong-gun" and "project operator" within the limit of 5 percent.

Article 6 (Support for Indirect Facilities) (1) "Ha Dong-gun" may, if necessary, provide support at the expense of the subordinate Dong-gun, if necessary for indirect facilities (public facilities), such as roads, to the extent that such facilities are connected to the project.

Provided, That the public interest facilities including the details of the proposal submitted by the "project operator" shall be subsidized within 2.5 billion won of the subsidy.

(2) The financial resources required for indirect facilities shall be the refund of compensation after the sale of the housing site and the profits from the operation of the penta complex (in the way of the annual settlement results) or the financial resources of Hadong-gun.

Article 7 (Total Project Costs) The project cost for the project is KRW 90,227 million per day (the base price in 2006), and if the project cost is increased due to a change in the project plan (area expansion, etc.), the total project cost may be changed after consultation between the "Hadong-gun" and the "project operator".

Article 8 (Classification of Project Costs for Support) (1) The term "Han Dong-gun" shall be the example of the development of small Do-Eup.

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