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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
Basic Facts
The plaintiff is a person who engages in wholesale and retail business, such as others and similar products, with the trade name of "C".
The defendant completed the registration of ownership transfer on July 15, 2009 with respect to F. 661 square meters and G. 661 square meters, respectively.
After that, on July 25, 201, H had the name of the administrative district changed to I on July 25, 201, and on October 10, 201, each of the above land became a 1,332 square meters before E in the case of Pakistan (hereinafter “instant land”) due to the merger on October 10, 201.
On October 6, 2010, the Defendant concluded a joint development agreement with J Co., Ltd. (hereinafter “J”) and K of joint business operators of J to newly construct and develop housing on the instant land (hereinafter “instant joint development agreement”) with the following content:
Article 1 The J shall complete the construction and sell in lots, and shall preferentially pay 1,400,000 won for the land in the top priority project area to the defendant.
Article 2 The J shall settle various taxes and public charges under mutual agreement and pay the construction cost in accordance with Article 1 after completing the development activities of the project area, obtaining approval for use and selling them in lots.
Article 3 The defendant and the J shall implement Articles 1 and 2 and determine under mutual agreement all the settlement procedures for development activities, and allocate the defendant's agent L and profits to 50:50.
Article 4 All expenses (design expenses, authorization and permission expenses, construction expenses, and other rental expenses) concerning development activities shall be borne exclusively by the J and shall be treated transparently so as to ensure mutual benefit.
Article 7. The defendant, the owner of the business area, shall be delegated to L by his agent all rights related to the development and sale and purchase of all the development activities of the business area and sale and purchase of the business area, and shall supplement the legitimacy of the act and delegate it to J.
Article 8 The J guarantees the Defendant that the land price of KRW 1,400,000 is KRW 200,000 and the development profit (the amount after deducting construction costs, taxes, and business income) is KRW 200,000.
M, the representative director of J, is N. 1 August 2012.