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(영문) 창원지방법원밀양지원 2015.09.11 2014가합85
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 September 9, 2008, the Defendant: (a) constructed a penty building on the land of 259 square meters in Yangyang-si, C, 259 square meters and D large 84 square meters; and (b) completed the registration of preservation of ownership under his/her name; (c) constructed a penty building on the land of 833 square meters in the above E large 8,000 square meters on September 28, 201; and (d) completed the registration of preservation of ownership in the name of F, a spouse, after completing the registration of preservation of ownership in the name of F.

B. In around 2012, the Plaintiff agreed with the Defendant to prepare for the pention project on the ground of 2,592 square meters of G Seoyang-si, Yyang-si, and to operate the pention project in the same manner as the shares of 1/2 of the Defendant around August 2012.

(hereinafter referred to as “instant trade agreement”). (c)

The Plaintiff, as the Defendant occupied and used the instant land adjacent to the instant pentan City, the land surrounding the instant pentan City (hereinafter referred to as “instant surrounding land”), would be entitled to deduct the construction cost from the above pentan City’s profits after having first performed the construction of a parking lot site by paying the expenses. From August 2012, the Plaintiff created the site for the parking lot of the instant pentan in the instant surrounding land, and constructed a stone shed, etc.

In addition, around January 20, 2013, the Plaintiff and the Defendant entered into a sales contract with F to purchase the instant penty jointly with F for KRW 500 million, and agreed to jointly operate the surrounding land and penty.

[Reasons for Recognition] Facts without dispute, entry or video of Gap evidence Nos. 1 through 3, and 8 (including virtual number), the purport of the whole pleadings

2. The parties' assertion

A. According to the instant business agreement, the Plaintiff agreed to settle the Plaintiff’s future profits and expenses in 1/2, the creation of a parking lot site and the construction of a camping site at construction costs. The Defendant reversed the instant business agreement on November 2013, and refused to settle the construction cost, which the Plaintiff is a party.

Therefore, the defendant did not comply with the partnership agreement to the plaintiff.

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