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(영문) 부산고등법원(창원) 2015.11.19 2015나20080
이행보증금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

Defendant.

Reasons

1. Basic facts

A. On November 20, 2006, the Plaintiff entered into an agreement between the Plaintiff and Defendant C&S (hereinafter “instant agreement”) with respect to the construction of the Henb’s village pension complex (hereinafter “instant project”) between Defendant C&S (i.e., “A city and a city of a major city” changed from “A&S” to “A&S”) on November 30, 201, as follows:

Article 2 (Details of Major Projects) The contents of the project shall be based on the proposal submitted by the project implementer to the subordinate-gun, and the details and scale of the project shall be as follows:

1. Project name: A project to develop a subordinate village pension complex;

2. Location of the project area: 22,90 square meters (6,954 square meters) for the area of the 19 parcel outside the area of the 8-1 area of the Heungdong-dong, Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-do.

3. Main facility site: An error arising from design and technical reasons in the area of construction facilities, such as infrastructure, park, public parking lot, and waterworks and sewerage facilities, which are 203 square meters in 203 square meters in 442 square meters in pentary housing: An error that occurs in the area of construction facilities, such as infrastructure, park, common parking lot, and waterworks, may be adjusted by consultation between the sub-Gun and the project implementer within the limit of 5 percent;

Article 4 (Purchase and Ownership of Land) (1) Any land within the prearranged zone necessary for implementing the project shall be entrusted by subordinate Gun with the purchase of land (including the buried land) by proxy in accordance with the relevant Acts and subordinate statutes.

(2) The sub-Gun and housing site for public use after the purchase of land shall transfer the ownership to the purchaser of the land, and the expenses incurred in transferring the ownership shall be borne by the purchaser of the land.

(3) The amount of land compensation shall be the average amount calculated by two appraisal corporations.

(4) A subordinate group shall, upon a request of a project operator, provide necessary support, such as the organization of the representative consultative body of landowners related to the purchase of land and the appraisal of land prices, by an agreement.

(5) When this Convention is terminated, the methods of disposal of land, etc. already acquired shall be dealt with through mutual consultation between sub-Gun and project implementers.

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