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(영문) 부산지방법원 2016.04.08 2015가단54291
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 9, 2010, the Plaintiff entered into a compensation service contract (hereinafter “instant contract”) with the Defendant, who is the project implementer of the project for the creation of a general industrial complex in order to KRW 212,00,000 (hereinafter “instant project”), and the Plaintiff, among the Defendant’s projects, engaged in the acquisition of land and the compensation for losses (hereinafter “instant service”). On August 13, 2010, the Plaintiff received KRW 120,000 as the down payment and the down payment from the Defendant on August 13, 2010.

1) The Plaintiff shall file an application for a ruling of expropriation within 7.5 months from the date of conclusion of the instant contract, and complete the deliberation on expropriation within 4.5 months from the date of application for a ruling of expropriation. However, the standard of completion of the instant service ought to be the time of transfer of land, etc. within the business area provided by the Defendant (Article 5(1) of the compensation service contract). In the event that the deliberation on expropriation is delayed due to the reasons of the competent local Land Tribunal even though the Plaintiff fulfilled his best effort, the Defendant and the Plaintiff shall consult with each other to adjust the period of service, etc. (Article 5(2) of the compensation service contract). In the event of a cause, such as delay in administrative procedures concerning the instant service, rejection of the ruling of expropriation, etc. due to the reasons of the competent authority or the Defendant, the Defendant and the Plaintiff shall consult with each other to adjust the service period, etc. (Article 5(3)2 of the compensation service contract).

(2) The first intermediate payment (20%) 80,000,000 won at the time of the conclusion of a contract. <3> The second intermediate payment (30%) 120,000,000 won at the time of the conclusion of a contract for compensation service. (4) The remainder (20%) at the time of the application for expropriation decision: 80,000 won at the time of the completion of Article 5 of the compensation service contract.

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