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(영문) 서울서부지방법원 2017.10.13 2016가단254620
투자금 반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. From May 2010, the Plaintiff started a new construction of multi-household housing on the Incheon Strengthening-gun Cri (hereinafter “Cri”) and E land owned by the Plaintiff (hereinafter “instant land”). From around October 2011, the Plaintiff rendered a voluntary decision to commence real estate auction on the said land around October 201 when the construction was not completed.

On March 6, 2012, the Plaintiff entered into a contract with the Defendant with respect to the instant land (hereinafter “instant contract”) on the following terms:

A refers to "A" and "B", and "A" and "B" enter into a contract for the following:

1. A shall accept the permanent use of roads with a width of four meters available for passage through D and E in part of the G site in performing new construction work for D and E;

(Military Office Application Documents and Notarial Deed). 2. A is responsible for legal problems arising under the law, such as debt, lien, etc. before A is awarded a successful bid.

3. A shall be responsible for all civil petitions arising around B and E when constructing new houses.

4. It shall be recognized that A has invested KRW 100,000,000 (one billion) simultaneously with a successful bid.

5. Eul shall transfer Gap's investment amount of KRW 100,00,000 (one hundred million) to Gap after completion of the new construction work of D and E (construction work).

6.A shall be awarded to B the auction of D and E in KRW 150,000,00 (one hundred and fifty million).

7. A shall complete the construction of a road of four meters wide from the area D or E, part of the G’s site, to the Gun Office.

8.A shall transfer to B any change in its name the name of the licence already approved to D and E.

9. Any balance of H shall be paid simultaneously with sale after the completion of a new construction project;

10.Post-investment of at least 100,000,000 (day) shall be recognized as joint investors.

11. Construction materials and wastes currently loaded at H shall be restored to their original state.

Afterward, the defendant is the case in the procedure of voluntary auction of real estate.

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