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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On November 4, 2014, the Plaintiff, as a project implementer of the C Regional Housing Association, concluded a project participation agreement with the Defendant of the said Union (hereinafter “instant agreement”) with the following members.
The preceding sentence
1. As of the date of the conclusion of this contract, the Defendant retains the status of the truster who entered into a security trust contract with an international trust company, and is a person who entered into a contract with the C Regional Housing Association, and is a member who applied for a partnership agreement on the condition that the housing type to be subscribed is maintained at the time of applying for
2. The Plaintiff is an exclusive business operator to carry out a collective housing development project in the land for authorization of the C Regional Housing Association.
4. The term "profit from settlement" means an amount according to the method of settlement attached to the defendant, which shall be paid to him on the basis of the profit after completing the development of this real estate
Article 3 (Time to Pay Profits) The plaintiff shall conduct development projects and sell this case's real estate, and pay the balance of the sale price within one month after the completion of the settlement of accounts in accordance with the method of settlement of real estate.
Article 4 (Liability and Duty of Land Entrusting) (1) After the conclusion of this contract, the defendant shall actively cooperate with the real estate development project of the plaintiff's main body, and shall bear the liability for damages in case of violation.
② In the event that the Plaintiff requests the Defendant to name the lessee on the instant real estate, the Defendant shall, within two months from the date of notification, allow the Plaintiff to fully acquire the instant real estate, and the expenses therefrom shall be borne by the Defendant.
Article 7 (Penalties Punishment and Liability of Person Entrusted with Rights) (1) In the course of the Plaintiff’s real estate development project, where the instant development project fails to proceed due to the Defendant’s failure to perform his/her responsibilities and duties, the Defendant shall pay 30% of the amount of profit accrued from the settlement of accounts to the Plaintiff as penalty, and is the basis for calculating penalty amount