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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant was an association established in order to carry out a land readjustment project B (hereinafter “instant project”) in Yyang-si, Syang-si, one hundred forty-two thousand square meters in Seoul, one day, and three hundred and forty-five square meters, and received authorization for the implementation of the instant project from Sejong-do on February 22, 199.
B. Around February 2004, D Co., Ltd. (hereinafter “D”) contracted with the Defendant for a business period of two (2) years, including the authorization of the execution of the instant project and the execution of construction works (excluding partnership affairs). The parts related to the instant contract are as follows.
Article 2 (Contract Amount)
1. The defendant shall substitute 50% of the average size of the previous land recorded on the certified copy of the land cadastre and the forest land cadastre which serves as the substitute delivery standard in the project district, and determine the remaining area, excluding the area of public land (road, park, facility green belt) from the total area of land falling under Article 53 of the Land Readjustment and Rearrangement Projects Act, as the development recompense land amounting to the total project cost, and determine the total area of the development recompense land as the contract price for entrustment;
Provided, That where the defendant has entrusted the sale of land allotted by the authorities in recompense for development outlay to the defendant as required, the defendant may sell the land allotted by the authorities in recompense for development outlay directly after consultation with D, and in such cases, the total sale amount shall be the contract
3. The standard unit price of land allotted by the authorities in recompense for development outlay shall be the unit price for creation on a written authorization for project approval (10,000 won/pa won);
Article 3 (Contract Price for Entrustment)
1. Payment shall be made to the land allotted by the authorities in recompense of development outlay on the project authorization document (10.30,000 won/p).
Article 18 (subcontract) D is prohibited from performing any project en bloc or subcontract to any third party without the consent of the defendant.
Provided, That subcontracting may be made on the basis of D and the defendant.
(The defendant actively cooperates in paying to the land allotted by the authorities in recompense for development outlay in accordance with D's request.
1 D on February 28, 2004, the Plaintiff’s land construction, reinforced concrete construction, waterworks and sewerage construction, landscaping construction, packing construction, contract amounting to 6,050,000.