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(영문) 서울고등법원 2018.06.15 2017나2069473
채무부존재확인
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

With respect to this case cited by the judgment of the court of first instance, the court shall add the following [in addition] to the 30th of the judgment of the court of first instance and the 4th of the judgment of the court of first instance.

A. Paragraph 1) is as follows (Article 4-2(b) and (c) (Article 4-2(2) of the Civil Procedure Act, with the exception of each alteration as set forth below (Article 4-2) as the reasons for the judgment of the court of first instance. [Supplementary part] - The ground of the judgment of the court of first instance No. 30 and No. 7) 3) The Plaintiff asserts that, before entering into the instant agreement on May 2, 2008, the Plaintiff was obligated to notify the Plaintiff that the Plaintiff sold the instant adjacent commercial land as above prior to entering into the instant agreement on September 12, 2008.

However, in light of the circumstances as seen in the foregoing Paragraph 2, it is difficult to view that the Defendant has such obligation and there is no other evidence to acknowledge it otherwise.

A. (1) 1) The following circumstances are acknowledged by the termination of the project agreement due to the causes attributable to the instant consortiums, or by taking account of the facts, the evidence Nos. 1 and 4, as a whole, and the purport of the entire pleadings, as seen earlier.

① Article 22(5) of the Guidelines for Public Offering and Article 12(5) of the Business Agreement provide that the consortium of the instant case guarantees L’s obligation to pay the purchase price of the instant land in share.

In addition, Article 24 (2) of the Guidelines for Public Offering of this case provides that "the consortium of this case shall be responsible for the business plan of this case, such as the establishment of the project of this case, the raising of project funds, and the completion of the construction project, and all matters for the promotion of the project of this case as prescribed by the Project Agreement."

Meanwhile, the contents of the instant project agreement, unless they are different from the instant project agreement, are stipulated in the public invitation guidelines of this case.

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