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(영문) 서울고등법원 2015.08.20 2014나2042286
손해배상청구의 소
Text

1. The Plaintiff’s portion of the judgment of the court of first instance against Defendant C, which orders the payment below.

Reasons

1. Basic facts

A. On February 22, 2011, Defendant C Co., Ltd. (hereinafter “Defendant C”) purchased the business site of Defendant C Co., Ltd. with the Korea Land and Housing Corporation (hereinafter “Defendant Co., Ltd”) for the designated purpose of designating KRW 12.5 billion as a multi-family housing site of KRW 60 to 85m2,000,000,000,000,000,000,000,000 on the date of the contract, and the remaining sales amount shall be paid on August 22, 2011, and KRW 2.82,00,000,000,000 on August 22, 201, 201, and KRW 2.82,80,000,000,000 on August 22, 201 and February 17, 2012, respectively, concluded a sales contract (hereinafter “instant land”).

B. On December 12, 2012, the Defendant Company, which entered into an agreement on the new construction and sale of apartments, tried to implement a housing construction project directly on the instant land, but modified the project plan by the method of a regional housing association which recruits and sells the members of the regional housing association, and entered into a project agreement on the instant land as an agent of the “F regional housing association”, and the new company, as a contractor of the “F regional housing association”, entered into a new project agreement on the instant land with 340 apartment units and ancillary welfare facilities (hereinafter “instant apartment”) on the ground that the new company, in the position of a contractor, entered into a new project agreement on the instant land (hereinafter “instant project agreement”), and the contents relating to the instant case are as follows.

Article 3 (Business Gu Roads)

1. After the conclusion of this Agreement, the Defendant Company shall promote the business activities relating to securing the business site and obtaining the business license through the Land Sales Contract.

Article 5 (Allocation of Duties and Responsibilities) To facilitate the Project, the Parties to this Arrangement shall perform the following duties in good faith and shall be responsible therefor:

1. Scope of the business of Defendant Company 1) Securing ownership for the entire project site and related business affairs (ground, underground obstacles disposal, removal, access road packing and securing);

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