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(영문) 서울중앙지방법원 2018.11.22 2017가합505785
정산금 청구의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1, 2, and 3 (including each number, if any), and Eul evidence Nos. 1, 2, and 7, together with the purport of the whole pleadings:

1) The Plaintiff and Defendant C Co., Ltd. (hereinafter “Defendant C”) are limited to “Defendant C”

) Within the Gyeonggi-do City of Gwangju, which is designated as a single district unit planning zone under the National Land Planning and Utilization Act, the apartment housing development project under each Housing Act (hereinafter collectively referred to as the “instant project”).

(1) Defendant B Co., Ltd. (hereinafter referred to as “Defendant B”) is promoted.

(2) Defendant C purchased E block and F block, and promoted a multi-family housing development project for the purpose of management-type land trust, and the Plaintiff purchased G block and H block and promoted a multi-family housing development project. The Plaintiff purchased multi-family housing development project.

B. An agreement on the cost sharing of the urban planning facilities 1) An urban planning facilities to be installed in D (road, landscape green belt, buffer green belt, etc.) are all necessary facilities for multi-family housing development projects promoted by both the Plaintiff and Defendant C, and a multi-family housing project, which is promoted by each party for completion of the urban planning facilities, need to determine the content on the cost sharing of the said urban planning facilities. As such, the Plaintiff and Defendant C concluded the following project agreement on November 14, 2013 and set forth matters concerning the cost sharing of the urban planning facilities to be installed in D (hereinafter “instant project agreement”).

(1) The Plaintiff and the Defendant are obliged to bear the project cost of urban planning facilities according to the ratio of the project area of multi-family housing (multi-family housing) in promoting D multi-family housing projects. (1) The ratio of the project cost ratio is 35.5% = 64.5%. (2)

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