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(영문) 수원지방법원안양지원 2017.12.22 2017가합102063
약정금
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

. On November 16, 2016, the designated parties and the Defendants concluded a joint development project agreement (hereinafter “instant agreement”) with the following content.

(A) A: The Plaintiff (Appointed Party), the designated person, and the executor (B): Jeju E category and specific use district in which the Defendants’ business outlines are located - the site area of Class II general residential areas - the building permit of 1,390 square meters (420.47 square meters) - 2,869.67 square meters (8.07 square meters) - the building permit of 2,869.67 square meters (8.07 square meters), the eight households in the Adong collective housing, the business facility of 14 households, the B-dong

1.Implementation of the Joint Development Project by mutual agreement with Gap, with the outlines as above.

Here, Gap invests in the contents of land and building permission, Eul is responsible for the entire financing and construction, and completes the joint development project by implementing the commencement and completion of the project.

2.The down payment shall be 415,389,200 won, and shall be 50,000,000 won at the time of the contract under the following schedule, and 30,000,000 won at the time of December 30, 12.

* Part of down payment KRW 50,000,000, partial repayment of loans 30,000,000

335,389,200 won of the remainder of the contract shall be paid at least one month prior to the commencement of the contract (or the time limit for selecting B at the time of offering bank land as collateral), and Gap shall settle the following loans, provisional seizures, and provisional dispositions by deposit and processing with the court:

(b)

6.A will provide B with administrative processing and the provision of documents related to joint projects as much as possible, as possible, in progress without interruption as the schedule of the contract, until the commencement of the project.

Provided, That in the event that there is a significant change in the registered rights prior to the commencement of the project, or there is a change due to the reasons of Gap's failure to cooperate in the process of the project, the contract of the agreement shall be cancelled and the contract deposit and the related expenses shall be refunded to Eul.

7. The scheduled commencement date shall be received and proceeded by the last day of February 2017, and the completion of a building shall be completed within one year and two months after the commencement thereof.

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