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1. The Defendant (Counterclaim Plaintiff) shall pay 50,000,000 won to the Plaintiff (Counterclaim Defendant) and its payment from January 21, 2017.
Reasons
Basic facts (main and counterclaims). A.
The Plaintiff is a company engaged in the sales agency business, etc., and the Defendant is the owner of the land of 1,500.5m2 (hereinafter “instant land”).
B. On October 13, 2014, the Plaintiff entered into a business agreement with the Defendant and the Korea Land and Housing Corporation on the instant land owned by the Defendant and 26 lots owned by the Korea Land and Housing Corporation (hereinafter “instant business agreement”). The key contents are as follows.
In order to modify the district unit plan of a site subject to a business agreement: The defendant, the Korea Land and Housing Corporation, and the plaintiff shall enter into a business agreement with the defendant, the plaintiff, to change the district unit plan of the site subject to the business agreement.
Article 1 (Purpose of this Agreement) The purpose of this Agreement is to stipulate all the conditions of the business agreement between the defendant and the Korea Land and Housing Corporation and the plaintiff and to modify the district unit plan (office) through mutual cooperation in good faith for mutual common interests.
Article 2 (Business Agreement Fees) The amount of KRW 1/3 out of the service agreement fees of KRW 43 million and the cost of outsourcing KRW 80 million and the total of KRW 27 million and other expenses shall be KRW 150,000,000,000 and KRW 50,000,000,000 for the performance of duties shall be paid by the Defendant to the Plaintiff, respectively.
Article 4 (Contents of the Work Convention) (1) In order to promote the change of district-unit plan, the head of the defendant shall collect consent from at least 2/3 of the land owners of the commercial land in the Gungungungungung-dong District, and obtain approval for the change of district-unit plan from the competent Si with respect to the land subject to the indication.
(2) The defendant and the Korea Land and Housing Corporation shall, where the plaintiff requests various data necessary to promote the change of district unit planning, actively provide such data to the extent possible.