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(영문) 서울중앙지방법원 2016.08.30 2015가합540548
손해배상(기)
Text

1. The part of the conjunctive claim in the instant lawsuit is dismissed.

2. The plaintiff's main claim is dismissed.

3...

Reasons

1. Basic facts

A. 1) New Comprehensive Finance Co., Ltd. (former Mutual Investment Finance Co., Ltd.; hereinafter “new balance”) (former Mutual Investment Finance Co., Ltd.; hereinafter “new balance”).

(D) Gangnam-gu Seoul Metropolitan Government, E, F, G, and H Totaling 1852m2.7m2, 1852m2, and Gyeongnam Enterprise Co., Ltd. (hereinafter referred to as “Gyeongnam Enterprise”).

A) Around 1994, K owned a total of 749.3 square meters, and K used a large of 373.2 square meters, respectively. (2) Around 1994, K used a new paper and provided the same land owned by each person with Gyeongnam-si and agreed to construct a new building for business on that ground, and construction works are entrusted to Gyeongnam-si.

3) After that, K will participate in the business, first of all on August 16, 1994, K will provide land owned by K to K and K 3 (hereinafter referred to as “joint business operators”) with land owned by K, and will be referred to as “joint business operators” when referring to the three above.

(D)Ois building ( underground 6 floors, 20 floors above ground and 20 floors above ground, hereinafter referred to as “joint building”) on the ground of 2,975 square meters of land, other than D and seven parcels owned by it.

) A new project (hereinafter referred to as “instant joint project”)

A) On May 14, 1996, while a joint business proprietor was running the instant joint business, the joint business proprietor concluded an agreement on May 14, 1996 to the effect that “any agreement entered into between the new business proprietor and the Gyeongnam enterprise is terminated, and the agreement on August 16, 1994 between the Gyeongnam enterprise and the Gyeongnam enterprise succeeds to the Gyeongnam enterprise and that the subsequent agreement will not raise an objection against the Gyeongnam enterprise in any case.”

5. The latter joint business operator around July 25, 1996 awarded a contract for the new construction of a joint building to Samsung Heavy Industries Co., Ltd., and obtained a construction permit from the head of Gangnam-gu in the name of joint business operator, and on October 1, 1996, the value of the land owned by the new money is KRW 34.497 billion and the land owned by Gyeongnam Co., Ltd. for the specific project implementation of the joint business of this case.

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