(영문) 서울중앙지방법원 2014.06.26 2013가합539162

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(영문) 서울중앙지방법원 2014.06.26 2013가합539162

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On June 2, 2010, the Plaintiff concluded a sales contract transfer agreement (hereinafter “instant agreement”) with the Defendant, who had carried out the sales business first on June 2, 2010, with respect to D & D (hereinafter “instant project site”) around 6,000, including each real estate listed in the separate sheet owned by C (hereinafter “instant real estate”).

2. Creation and sale of a housing site of the plaintiff for the purpose of transferring the sales contract;

4. The Plaintiff’s method of payment following the transfer of a sales contract shall recognize the Defendant’s investment principal as KRW 1.5 billion and proceed with the project.

1) The Plaintiff shall pay to the Defendant the housing site designated by the Defendant among the entire housing site created within the instant project site with the investment principal and business profit (as a substitute).

5. All additional costs incurred in the course of the project shall be responsible and completed by the Plaintiff.

6. The Defendant’s duty 1) The Defendant is entering into a contract with respect to the instant project site and transferred it to the Plaintiff. 2) If the contract is concluded from the landowner, the Plaintiff and the Defendant are to enter into this contract.

3) The Plaintiff actively cooperates in the request for any balance that is insufficient to ensure the progress of the project. 7. The Plaintiff’s duty 1) The Plaintiff committed the foregoing 4., and does not claim additional costs on the part of the Defendant’s request for design, design, interior, landscaping, sampling, and sampling in the new building that is succeeded to.

2) The Plaintiff shall invest in the land price, civil engineering, authorization and permission, electricity, water supply, construction sale, land sale, etc., which is the subject of the development of electric power resource housing, and shall undertake the business. 3) The Plaintiff shall purchase the land within (i) the date of the contract and sell the land.

4 The plaintiff may not transfer, acquire, or succeed to a third party without the defendant's consent.

8.With respect to the project of this Agreement upon the non-performance of the contract arrangements.

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