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(영문) 서울고등법원 2015.07.09 2014나52096
손해배상 등
Text

1. The plaintiff's appeal and the second preliminary claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. The scope of the judgment of this court is limited to the part of the judgment of the court of first instance against the defendants since the plaintiff filed an appeal only against the defendants among the co-defendants of the court of first instance.

2. Basic facts

A. On July 17, 2009, the Plaintiff entered into the instant joint business agreement and its progress 1). On July 17, 2009, the Plaintiff is the Plaintiff’s forest 2,066m2 (hereinafter “instant land”).

(2) The business of developing and selling the project (hereinafter referred to as the “project of this case”)

2) As to the joint undertaking agreement (hereinafter referred to as “instant joint undertaking agreement”)

this section. The principal of this section has been

Details are as follows:

With respect to the instant land housing development project under the Joint Project Agreement, the Plaintiff and the Defendants shall prepare a joint project agreement as follows:

2. The duty of Defendant B - The completion of the contract between the instant land owner and the Plaintiff for sale - the division of the instant land and the completion of the contract between the Plaintiff - the completion of the permission, the completion of the designation of civil engineering and designer - the designation of divided parcels - the sale liability for divided parcels - the sale amount of KRW 3 million per square year - the completion

3. Plaintiff’s duty - Payment of down payment for the instant land owner and the completion of the intermediate payment and the balance payment for the conclusion of the contract - Civil and design expenses (payment of KRW 200 million simultaneously with the contract) - Payment of transfer tax, acquisition tax, registration tax, etc. according to the amount sold by Defendant B - Payment of land service charges ( separate payment of KRW 100 million)

4. The Plaintiff and Defendant B’s joint obligation - The amount of bank interest accrued to the remainder, if the permission was delayed and the Plaintiff’s payment of the remainder was inevitable due to the Plaintiff’s funds, shall be adjusted to 5:5.

(Nam shall settle the interest until the completion of the sale of two parcels). 5. - The obligation of Defendant C - the responsibility for the performance of the obligation of Defendant B (including the bank interest) - The completion of the sale responsibility of Defendant B (including the bank interest) as the sale amount of the parcel at a level of KRW 3 million per square.

6. Responsibilities between the Parties - The Plaintiff and the Defendants respectively.

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