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(영문) 서울고등법원 2016.09.27 2014나9788
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be those resulting from the supplementary participation.

Reasons

1. Basic facts

A. On December 9, 2010, Defendant B Co., Ltd. (hereinafter “Defendant B”) (hereinafter “Defendant B”), the purpose of which is the real estate development (execution) and the sales and sales business, etc., is to conclude the instant enforcement agency contract and additional agreement.

2) As to the commercial building and apartment redevelopment project promoted by Defendant B (hereinafter “instant project”).

(2) With respect to the enforcement agency contract (hereinafter referred to as the “instant enforcement agency contract”) with the following terms and conditions;

(2) In order to examine the feasibility of a project, the area and number of commercial buildings and the number of households in the area of commercial buildings, apartment buildings and welfare facilities (including 2,15.62 square meters, 15.62 square meters, 15.62 square meters, 24 square meters, and 244 square meters of the commercial building on the first floor and apartment buildings may be changed depending on whether the plan for approval, permission, and approval of the project is included in the process of project approval or contribution acceptance. Article 4 (Project Undertaker and Rights and Duties)

1. The plaintiff, with the consent of the defendant B, shall take charge of the following matters concerning the authorization, permission and construction at the time of implementing a redevelopment project:

(1) Comprehensive planning and promotion of construction of commercial buildings and apartment complexes and vicarious management. (3) Selection of a contractor and other service companies and contracts, and management and supervision of construction following the construction of commercial buildings and apartment complexes. (4) Management and supervision of construction following the construction of commercial buildings and apartment complexes.

2. Defendant B provided a project site and actively cooperate with the Plaintiff to acquire the agreed commercial buildings at the time of completion of the project, and the Plaintiff bears the initial project cost and completes the project by leading the project.

The plaintiff shall sell the apartment except the commercial buildings promised to the defendant B and obtain the profit therefrom.

Article 6 (Payment of Substitutes and Relocation Expenses by Defendant B) The supply price of one-story commercial building per member is 9.80 square meters (2.96 square meters) the exclusive use area of one-story commercial building per member.

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