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1. The part of the judgment of the court of first instance against the Defendants shall be revoked, and all the plaintiff's claims corresponding to the revocation part shall be revoked.
Reasons
Basic Facts
On January 9, 2015, the Plaintiff entered into an agreement on real estate development with Defendant C, D, E, and F, and Jinju-si, each of which the Defendants owned one-fourth share (hereinafter “H site”) on H-1,508 square meters (hereinafter “H site”). On January 9, 2015, the Plaintiff paid KRW 100,000,000, which is part of the performance security amount as stipulated in the said agreement, to Defendant C, the representative of the said Defendants, as well as KRW 200,00,000,000, as stipulated in the said agreement.
On January 29, 2015, the Plaintiff entered into a real estate joint investment development agreement with Defendant B Co., Ltd. (hereinafter “Defendant Company”) established by the said Defendants on the said H site and Jinju-si (hereinafter “G site”) on the real estate joint investment development agreement (Article 253 of Addenda No. 2015, Jan. 29, 2015; hereinafter “instant agreement”) with the said Defendants on January 29, 2015, as follows.
Article 3 (Scope of Business Affairs) of the Agreement on Joint Investment in Real Estate (Scope of Business Affairs) shall obtain the approval of the prop of the G site in the combination and joint development projects of the G site in the G site and H site projects, and if the prop is not approved, all expenses and compensation shall be made to the defendant company and all contracts shall be invalidated.
If the combined approval of two parcels is not granted until June 30, 2015, the joint investment development agreement shall be null and void, and all expenses shall be borne by them.
Article 6 (Termination of Contracts) The transfer agreement of this case shall be terminated.
Article 10 (Terms and Conditions of Agreement) (3) In order to secure the implementation of this Agreement, the Plaintiff shall deposit KRW 100,000,000 as a collateral contract immediately with the Defendant Company and obtain permission for the commencement of the contract, and shall refund the bond to the Defendant Company within five days upon issuance of the bond for the performance of the project.
The amount of KRW 100,000,000 under the performance security contract stipulated in Article 10(3) of the instant arrangement was replaced by the Plaintiff’s KRW 100,000,000 paid to Defendant C in accordance with the instant transfer agreement.
hereinafter referred to as "the case."