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(영문) 서울고등법원 2018.06.29 2017나2070152
손해배상(기)
Text

1. All appeals by the plaintiffs and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. The reasoning of the court of first instance’s explanation concerning the instant case is as follows, and the reasoning of the judgment of the court of first instance is identical to that of the court of first instance, except for the addition or the replacement as set forth in paragraph (3) above, and thus, the same is acceptable in accordance with the main sentence of Article 420 of

2. Of the judgment of the first instance that is added by this court, the following is added to the 32th of the judgment of the first instance, 14th of that part:

【3) Furthermore, the Plaintiffs asserted to the effect that the Defendant violated the obligation to notify the Plaintiff of the sale of the instant nearby commercial sites prior to or late September 12, 2008 entering into the instant project agreement on May 2, 2008, even though the Defendant had the obligation to notify the Plaintiff of the sale of the said nearby commercial sites prior to or late September 12, 2008.

However, in light of the circumstances examined in the preceding paragraph, the defendant cannot be deemed to have been given such a duty to notify, and there is no other evidence to acknowledge it, so the plaintiffs' above assertion is without merit.

A person shall be appointed.

3. The portion to be used by the court

A. The reasoning of the judgment of the court of first instance is as follows.

1) Paragraph (1) (No. 45, No. 46, No. 46, No. 2) of the instant public offering guidelines (Evidence 1, No. 4) and Paragraph (5) of Article 22 of the instant public offering guidelines (Evidence 1, No. 4), and Article 12 Paragraph (5) of the instant project agreement (Evidence 2, No. 1, No. 12 of the instant public offering guidelines (Evidence 2, No. 1) provide that the instant public offering guidelines guarantee AJ’s obligation to pay the purchase price of the instant land.

In addition, Article 24(2) of the Public Offering Guidelines of this case provides that "the consortium of this case shall be responsible for the project of this case, such as the establishment of the project of this case, the raising of project funds, and the completion of the construction project, and all matters necessary for the implementation of the project of this case as prescribed by the project agreement of this case."

On the other hand, the provisions of the public invitation guidelines of this case are the contents of the business agreement of this case unless they are different from the contents of the business agreement of this case.

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