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(영문) 부산고등법원(창원) 2014.12.18 2013나1672
손해배상(기)
Text

1. Plaintiff B, among the judgment of the court of first instance, who falls under the following order to pay.

Reasons

1. Basic facts

A. On November 7, 200, Defendant B Co., Ltd. (hereinafter “Defendant B”) entered into an agreement with the O Association (hereinafter “O Association”) on November 7, 200 to promote the instant project by being entrusted by the O Association with the “P Hot Spring Site Development Project and Development Project” (hereinafter “instant project”), and as a result, the O Association entered into an agreement with the Defendant B to transfer the land allotted by the authorities in recompense for development outlay, which will be created as a result of the instant project (Evidence A).

The main contents of the Convention are as follows:

Article 2 (Contents of Business) (1) 1: Location of a Phot Spring Site development project. (2) Location: Article 3 (Designation and Right of Developers) of the former Ma Man of M M of M of M of M of M of M of M of M of M of M of M of M of M of M of M of M of M of M of M of M of M of M of M of M of M of M of M of M of P Hot Spring Tourist Site Development Project at the same time as this Agreement is concluded, and the above operator shall be

Article 4 (Responsibility and Performance Bond for Projects) (1) A developer shall, in principle, perform the implementation of the project at his/her responsibility and expense as prescribed by the agreement.

(4) Business entities shall lawfully implement a development project by taking charge of matters concerning the affairs related to civil petitions, agency affairs, and overall affairs of the development project.

Article 5 (Preparation, Amendment, and Approval of Development Project Plan) (1) The preparation of the project shall be formulated and prepared by the project executor at his own expense and at his own responsibility, and the development project plan prepared shall be implemented by submitting it to the relevant administrative agency after obtaining the approval of the association as prescribed by the articles of association of the association and obtaining the approval of the plan in accordance with the relevant Acts

Article 10 (Termination and Effect of International Agreements) (1) Where any cause attributable to the following parties arises, before the completion of the project:

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