logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2015.11.04 2014가합51381
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, as well as the new construction of an apartment on the land outside C and four parcels, and the new construction of an apartment on the land outside D and four parcels (hereinafter referred to as the “instant land by adding up all the above ten parcels of land”) on the ground. The Plaintiff obtained the approval of each of the instant construction project plans concerning the instant project (hereinafter referred to as the “approval of the instant project plan”; hereinafter referred to as the “instant project plan”), from the companies that promoted the instant project, by acquiring the right to implement the instant project from the companies that implemented the instant project and obtained the approval of the alteration of the project plan from the project proprietor by acquiring the right to implement the instant project from the company that promoted the instant project.

B. While the Plaintiff selected Postal Construction Co., Ltd. as a contractor and was conducting construction for the instant project, the construction was suspended only on the ground that the funds were insufficient, but on August 31, 2007, Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) and sale-type development trust agreement (the Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) entered into a trust agreement with the Plaintiff, a truster, with the proceeds calculated by deducting the proceeds equivalent to the share of the Korean Land Trust, such as all expenses, from the sales price, after the apartment was constructed and sold under its own responsibility. The Korea Land Trust received a modified approval for the project plan from the Sungsung Market on November 27, 2007.

C. However, on March 6, 2008, the Korea Land Trust rescinded the trust contract on the grounds of the bankruptcy of the Si Corporation, the truster, and the violation of the Plaintiff’s trust contract and the business agreement. On August 4, 2009, when the land of this case is left abandoned for a long period of time, and the project is not carried out by June 30, 2010, it is possible to cancel the approval of the business without any separate procedure.

arrow