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(영문) 수원지방법원안산지원 2017.08.17 2016가합8562
손해배상(기)
Text

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

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

Reasons

1. Basic facts

AF-based partnership is a non-corporate group consisting of commercial tenants who can preferentially purchase quasi-residential land supplied by SH as part of living measures related to the housing site project of Seoul AG New Town.

The plaintiffs (appointed parties) and the designated parties are the members of the AF Medical Association.

B. The members of the AF Medical Association including the Plaintiff (Appointed Party) and the designated parties deposited KRW 9,00,000 per unit as the down payment in a quasi-residential area from November 22, 201 to September 2, 201, into the account of the Asian Trust (State) designated by the AF Medical Association.

C. On July 6, 2011, a trade agreement was concluded between the SH Corporation and the Eunpyeong-gu Seoul Metropolitan Government to purchase AH quasi-residential land (3) 2,404.40 square meters (hereinafter “instant land”) at KRW 13,152,068,000 among the sales price from SH Corporation.

AF Medical Cooperative paid 1,315,206,80 won as down payment of the land of this case to SH Corporation on the day of the contract.

On April 23, 2012, AF-related cooperative entered into an implementation business contract with its Green Co., Ltd. (hereinafter referred to as “Eins”) on the development, etc. of the instant land (hereinafter referred to as “instant implementation business contract”).

E. On November 6, 2013, the SH Corporation notified the AF World Trade Association of the cancellation of the said sales contract on the ground that it delayed the payment of the balance of the instant land.

F. On May 1, 2014, a written agreement (Evidence A 4) was drafted in the name of the Defendant stating that “the Defendant succeeds to all rights and obligations under the implementation business contract of its neighbors, and the AFA shall consent to it.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 12, Eul evidence Nos. 3 and 4, the purport of the whole pleadings

2. The parties' arguments and the issues of this case

A. 1) The Plaintiff (Appointeds) purchased the instant land in accordance with the instant implementation business agreement entered into with the AF World Trade Association.

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