(영문) 서울중앙지방법원 2019.04.15 2017가단84946

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2019.04.15 2017가단84946

손해배상 등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. C Housing Association obtained authorization for the establishment of a regional housing association pursuant to Article 44 of the former Housing Construction Promotion Act (wholly amended by Act No. 6961 of May 29, 2003) and Article 42 of the Enforcement Decree of the same Act from the Guri-si with regard to the expected site for the project of the Guri-si as the prospective site for the project.

B. From around 2003, C Housing Association: (a) selected several executing units and city construction projects; and (b) promoted a multi-family housing development project in the said prospective site; (c) held an extraordinary general meeting on July 19, 2014, and selected the Plaintiff as the implementer of C Housing Project.

C. On November 21, 2014, the Plaintiff concluded a business participation agreement with the Defendant, who is a member of the instant association, as follows (hereinafter “instant contract”).

The preceding sentence

1. As of the date of the conclusion of this contract, the Defendant retains the status of the truster who entered into the instant project site with E Co., Ltd., and has entered into the C Housing Association membership agreement, and is a partner who applied for the partnership membership agreement on the condition that the housing type to be offered at the time of application for the subject

2. The Plaintiff is an exclusive business operator to undertake a multi-family housing development project in the land for authorization of the C Housing Association.

4. The term "profit from settlement" means an amount according to the method of settlement attached to the defendant, which shall be paid to him on the basis of the profit after completing the development of this real estate

Article 3 (Time to Pay Profits) The plaintiff shall conduct development projects and sell this case's real estate in units, and pay the balance within one month after the completion of deposit of at least 90 percent of the balance of the sale price in accordance with the method of settlement of real estate.

Article 4 (Liability and Duty of Land Entrusting) (1) After the conclusion of this contract, the defendant shall actively cooperate with the real estate development project of the plaintiff's main body, and shall bear the liability for damages in case of violation.

② The Plaintiff’s name on the principal real estate to the Defendant.

참조조문

-주택건설촉진법 제44조

유사 판례

-서울중앙지방법원 2019.01.15 2017가단62687

-서울중앙지방법원 2018.12.14 2018나35072

-서울중앙지방법원 2018.07.26 2017가단62694

-서울동부지방법원 2019.12.12 2018가합114950

-서울동부지방법원 2020.12.03 2020가합100442