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(영문) 서울중앙지방법원 2019.08.29 2017가합589592
계약해제무효확인청구
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

The defendant is a company selected as an implementer of an urban development project in the area adjacent to the F one-day G District in the case of the strike from the Pak-si in accordance with the Special Act

On April 18, 2017, the Defendant entered into a joint agreement with C (hereinafter referred to as “C”) on the project with respect to the supply of H block (50,827 square meters; hereinafter referred to as “instant site”) among the 473,636 square meters of a day-to-day D Special Metropolitan City, Pakistan-si, as follows:

(hereinafter referred to as the “instant joint project agreement”). Article 1(Purpose) of the Arrangement aims to provide for basic matters concerning the rights and obligations of the two specifications in promoting the new construction and sale of multi-family housing and auxiliary and welfare facilities (hereinafter referred to as the “instant project”) in the urban development projects in the neighboring area of the Dwon at the time of Pakistan.

Article 2 (Principles of Promotion of Projects and Subject Matters) (1) The name of the project is limited to the creation of a G Area Park and the development of an urban development project in its surrounding areas, publicly notified by the mayor of the Pakistan on September 12, 2014.

② The Defendant of this project, as the project implementer of the “urban Development Project in the vicinity of the G Area”, agrees to supply the housing sites of multi-family housing under Article 3 to C based on the project and related Acts to carry out the development project including local houses

(3) To facilitate the operation of this project, the two companies shall administer and carry out the following affairs, and in principle, mutual agreement shall be reached on the following important matters:

(4) The Parties shall respect the individual interests of the other parties and endeavor to maximize their common profits as much as possible.

(5) The two doctors shall have rights and obligations only in an area to be developed respectively with respect to the operation of this business and shall deal with matters under Article 2 in mutual cooperation.

(6) The defendant and C shall not transfer or succeed to a third party or provide it as an object of security in excess of the scope of the share of business acquired when performing all rights and duties under the agreement.

except that the implementation thereof shall be approved.

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