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(영문) 서울중앙지방법원 2018.06.08 2017가합577896
계약해제 등 무효 확인 등의 소
Text

1. It was concluded on November 6, 2014 between C, D, and E and Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) The Defendant is to enter into a land sales contract for the instant real estate, etc., and a commercial area development project within H in the G Special Planning Zone for the Multifunctional Administrative City (hereinafter “instant project”).

2) The public offering of project proposal (hereinafter “instant public offering”)

(2) The Defendant offered the instant public invitation on July 31, 2014, and the main contents of the guidelines for the public offering of project proposal presented by the Defendant (hereinafter “public offering guidelines”) are as shown in attached Table 2.

3) Co., Ltd. C, D and E (hereinafter “private business entities”)

In the following cases:

B. The same architectural design (hereinafter referred to as “satisfying design”) as that of paragraph 5 [Afforestation 1]

(2) On November 6, 2014, a private business operator participated in the instant public offering, and was selected as a priority bidder around October 201. Around 5, 421.01, 500,500,000 NO 4,265.012,100,000,000,0004) for the instant real estate, which is one of the first public invitation units in the multifunctional City G Special Planning Zone for the Multifunctional City, the Defendant and Sejong City, entered into a land sales contract (hereinafter “the instant land sales contract”) with respect to the instant real estate, which is one of J and K block units in the G Special Planning Zone for the Multifunctional City, the specific contents of the instant land sales contract are as follows.

5) On November 6, 2014, the Defendant and the private business entities set forth a business agreement with the aim of setting forth matters to guarantee the business performance of the private business entities pursuant to Article 37 of the Guidelines for Public Offering on November 6, 2014 (Evidence A 4; hereinafter “instant business agreement”).

(B) The project agreement of this case was concluded. The main progress of the project of this case is as shown in attached Table 3. (B) The private business entities are subject to the 13th General Advisory Council Advisory Council, dated November 11, 2014, announced on July 31, 2006 by the Ministry of Construction and Transportation of the Multifunctional Administrative City Construction Basic Plan as publicly notified on July 31, 2006 and the General Management and Coordination System Operation Rules (Evidence A 14) enforced on June 20, 2012.

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