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(영문) 수원지방법원 2017.10.27 2016가합70716
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 379,928,238 to the Plaintiff (Counterclaim Defendant) and its related amount from August 31, 2015 to October 27, 2017.

Reasons

1. Basic facts

A. A. Around July 2008, the Plaintiff was established and operated for the purpose of real estate development business, etc., and was closed on May 6, 2015. 2) The Defendant owned the following while the Plaintiff owned Pyeongtaek-si B 10,810 square meters (hereinafter “instant land”).

Some of them were sold as described in the subsection.

B. On May 22, 2012, the Plaintiff and the Defendant concluded a joint agreement on the development of the instant land with the Defendant to jointly develop and sell the instant land (hereinafter “instant agreement”) and entered into a joint agreement on real estate development with the following content (hereinafter “instant agreement”).

- The owner of the land (hereinafter referred to as “A”).

) and developers (hereinafter referred to as “B”);

A) A shall enter into an agreement and implement it in good faith as follows. - Of the 10,810 square meters of Pyeongtaek-si B 10,000 square meters, the second site shall be the amount of the first site agreement, but the second site shall be the amount of the first site agreement at the time of receipt of the permission. Article 1 (Purpose) A shall provide the subject land and sell the subject land to the purchaser by obtaining permission necessary for development. Article 2 (Purpose) A shall sell the subject land at the same time. The amount of sale of land set forth in Article 2 (Purpose) shall be KRW 1,260,000,000 per square year, and the taxes and public charges, such as capital gains tax, etc. for sale shall be borne by A. Article 3 (Scope of Business shall be as follows:

1. Business design and authorization and permission related thereto;

5. The cemetery relocation works (450,00 won per quarter), formation works, and opening works of access roads, etc. located in the site for the development of land subject to development shall be responsible for them, and the expenses incurred therein shall be borne by them;

The earnings of Do shall be the amount obtained by deducting the land price, authorization and permission cost, access road construction cost, construction cost, various taxes necessary for authorization and permission, and other expenses from the sale price (one million won per square year).

Article 6 (Implementation Period of Projects) The implementation period of the Project shall be from the date of agreement.

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