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(영문) 수원지방법원평택지원 2017.10.18 2016가합10485
계약관계 부존재 확인 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On October 17, 2006, the Plaintiff concluded a service contract with respect to the land, etc. and 11 parcels (hereinafter “instant land”) in Ansan-si Co., Ltd. (hereinafter “SPD”) with respect to the following content:

The defendant signed the above service contract in the capacity of both parties to confirm their presence.

A service contract, which provides that “A (SBD) shall develop a lot of land with a total of 13,100 square meters of the instant land provided by “A” as a facility capable of determining urban planning facilities and enhances the added value of land so that A may dispose of the land by enhancing the added value of land.”

Article 1 (Methods of Development)

1. A shall provide the land indicated in the separate prize;

2. Eul shall provide the above-mentioned land provided by Gap for sale by Gap, by carrying out the services of obtaining authorization and permission as the site for distribution business facilities, etc.

Article 2 (Delegated Matters) A’s delegation to B for the development and disposal of the above land shall be as follows:

1. Overall development direction-setting and feasibility studies for sale;

2. Preparation of a site creation project plan and preparation of a plan;

3. Development-related authorization and permission agency business (the business of overall control, such as the selection of service companies performing the procedures for application for permission and the supervision of places of service enterprises selected);

4. Formulation of a plan for sale;

5. Establishment of sale conditions (contract and method of receiving price, etc.: Provided, That prior consultation with A);

6. Selection of a purchaser through land purchase and sale consulting and intermediaries;

7. Giving field guidance to the purchaser and encouraging the purchase price;

8. Determination of the amount of sale (limited to the case where the amount is at least two million won per square year) Article 3 (Method of Payment for Authorization and Permission).

1. The non-exclusive cost for the design service of this land shall be at least 130 million won (including value-added tax).

2.A shall pay the cost of non-designing services in the amount of 12 million won at the time of the conclusion of this contract and the remainder of 118 million won shall be paid to B at the time of approval and acquisition of the decision on the facility for urban mooring.

Section 4 (Service Cost and Performance Rates). (Service Cost and Performance Rates)

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