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(영문) 서울중앙지방법원 2019.06.18 2018가단5187205
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 2, 2008, the Plaintiff (trustee) entered into a land trust agreement with the Defendant (trustee) and C Co., Ltd. (hereinafter “C”) for the F Officetel construction project with the content that the construction of officetels and neighborhood living facilities on the 7th underground floor and the 25th floor above ground in the Nam-gu Incheon Metropolitan City E Housing Site Development Zone (hereinafter “instant project agreement”), and the main contents are as follows.

Article 3 (Business Allocation and Cooperation Obligation) A (Plaintiff, hereinafter the same shall apply), B (Defendant, hereinafter the same shall apply), and C (C; hereinafter the same shall apply) of the Land Trust Business Agreement shall share the following duties and cooperate in order to achieve the objectives of the Project:

1. A shall perform the following duties as a truster of the project:

(1) The acquisition of ownership of the land in this case and the registration of trust (including the change of purchaser’s name) registration (including the change of purchaser’s name) 2) the authorization and permission of the agency, including project approval (including the change of approval) according to

2. Eul is a trustee of the main business, and shall perform the following duties in cooperation with Gap, Byung, etc.:

(1) As a contractor under a contract for construction works, such as approval for a project (including approval for modification) in accordance with a construction plan, funding such as process management, administrative support for a large administrative agency, and trust affairs 3) sales performance and sales payment (hereinafter omitted).

3. Sick shall perform the following duties as a contractor for construction works on the project:

1) Article 10 of the Act on the Maintenance of Defects (Article 10 of the Act on the Maintenance of Construction Works) (Article 10(Article 10 of the Act on the Maintenance of Construction Works and the Adjustment of Contract Price) shall not apply to the contract price adjustment (Article 10(Article 10 of the Act on the Maintenance of Construction Works and the Adjustment of Contract Price).

(2) Alteration of major structures and total floor areas.

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