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(영문) 수원지방법원성남지원 2017.10.20 2016가합204765
손해배상(기)
Text

1. As to KRW 200,000,000 among the Plaintiff and KRW 100,000,000, the Defendant shall pay to the Plaintiff the full payment from December 21, 2016 to the day of full payment.

Reasons

1. Basic facts

A. The Defendant’s status “D” is an organization consisting of persons eligible to be supplied with commercial sites, which are sites for living measures, according to the Sungnam-si District Development Project (hereinafter “instant development project”) implemented by the LH Corporation, and the Defendant is the chairperson of the said promotion committee.

(b) The meaning of a living countermeasure site and a general form of supply mean the preferential right to sell commercial land, which is provided in a new city and a planned housing site development area to those who operate a business in the existing area or have engaged in the business of farming or livestock industry at the cost of living countermeasure compensation.

A person eligible for the supply of a residential countermeasure site related to the development project of this case is supplied with commercial land equivalent to 27 square meters or 18 square meters. Since it is difficult to construct a commercial building on the ground alone with the area of the above individual commercial site, there are many cases where a person eligible for the supply constitutes a partnership and is supplied with a commercial site in the partnership.

C. The Plaintiff entered into a service contract between the Plaintiff and the Defendant, where a partnership organized by the Defendant and its members supplies commercial land from LH Corporation, the Plaintiff was implementing a new construction project on its ground.

On May 28, 2015, the Plaintiff and the Defendant concluded a service contract with the following contents (hereinafter “instant service contract”).

In order to determine matters necessary for the implementation of development projects between the chairperson of the promotion committee, the co-implementer E and the plaintiff (hereinafter referred to as the "Plaintiff") and the chairperson of the promotion committee, the service contract will enter into this contract under the following conditions:

Article 2 (Indication of Purpose and Subject Matter of Contract) This contract is a commercial building located in the area of Seongbuk-si, Sungnam-si.

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