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(영문) 의정부지방법원 2014.04.10 2013가합8028
제3자이의
Text

1. Defendant A’s District Court Decision 2012Gahap3736 decided to refund subscription money to the Kanwon City Development Corporation.

Reasons

1. Facts of recognition;

A. A. Around March 1990, the Plaintiff Company and the Gyeongwon Urban Development Co., Ltd. (hereinafter “Gyeongwon Urban Development”) concluded the following basic arrangements to promote the new construction project:

o The Plaintiff Company receives a contract for the construction of a new P shop from the development of Gyeongwon City and completes and delivers the construction work, and the development of Gyeongwon City shall pay the construction cost, etc. to the Plaintiff Company

o The development of the Gyeongwon City has the right to lease and sell lots and the right to operate the PS in accordance with the policies of the Do government, and the plaintiff company has the right to claim the construction cost according to the progress ratio of the new construction of the PS.

o Sale revenue shall be jointly managed by the plaintiff company and the development of the Gyeongwon City and shall be deposited under the joint name.

In the case of the contract for the sale of the o commercial building, the plaintiff company and the development of the Gyeongwon City shall consult and use the employee before the sale.

o This Agreement is a basic agreement for the promotion of the project, so it becomes invalid at the same time as this Agreement is concluded, and specific matters shall be supplemented at the time of this Agreement.

B. On October 27, 1990, prior to the commencement of the new construction work by P, the Plaintiff Company and the Gyeongwon Urban Development entered into an agreement with the following contents to supplement the above basic arrangement:

o Commercial building lease rights shall be jointly exercised and leased revenue shall be jointly managed and deposited in a designated bank under the joint name.

o Sales revenue shall be used as the top priority in the expenditure of construction expenses.

o The Plaintiff Company shall complete the new construction of PS and jointly bear all the expenses incurred in the project with the Plaintiff Company.

o Public questions submitted at the time of the Council shall be submitted under a joint name.

o All rights to the projects of the Party shall belong to the Plaintiff Company when the development of the Gyeongwon City does not fulfill the obligations under this Agreement.

o The problem of repair of defects after completion is responsible for the plaintiff company.

o Other than this Agreement, matters deemed necessary to be supplemented or amended shall be decided by mutual agreement.

C. The Plaintiff Company.

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