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(영문) 대구지방법원김천지원 2016.01.08 2015가합15484
공사금대금청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a school foundation operating B/high schools, and C/C (hereinafter “C”) has promoted the project for the relocation and land exchange between the defendant and B/high schools from around 2006 (hereinafter “instant project”). The plaintiff is a construction company that received a supply of new school buildings from C.

B. The purchase of school site 1) C is a mining development corporation on December 8, 2006 (hereinafter “mining development”).

(2) On December 23, 2006, C purchased old Si Forest and Forest and Forest and proposed that “The luminous Development will re-purchase each of the above land from the luminous Development and guarantee profits at the rate of 50% per annum from the purchase price,” and on December 21, 2006, C purchased the forest and forest and forest and field in the old Si on December 23, 2006, and on January 23, 2008, C consented to the use of the luminous Development D and forest and forest as school land in relation to the instant project.

C. Article 1(C) of the Exchange Agreement between the Defendant and C on Real Estate (School Site Building No. 1-1) provides that “A” (C) shall purchase and combine 4 lots (H, D, E, and I) other than the Gu and Si si, and shall create and transfer 12,00 square meters (39,669 square meters) as school sites to “A” (the Defendant).

The location of 12,00 square meters, such as the cadastral map to be attached to Article 2 (B), shall be determined by mutual consultation between A and B, and shall be determined by selecting a site of low height as much as possible in consideration of the placement of playgrounds and new buildings, and the building shall be constructed in the south direction.

Article 3 Section B shall be divided into 12,00 as soon as possible and shall be determined as an urban planning facility as a school site.

The width of the access road to a school shall be at least 15 meters, and the purchase and installation costs of the access road site shall be borne by the person.

Article 7 Section B is newly constructed on the land outside the Seoul Special Metropolitan City, the F, and 100% of the total building area of the B High School at the same time on the ground of the Gu and the site and the building.

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