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(영문) 서울중앙지방법원 2017.12.06 2016가합578328
손해배상(기)
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 party-related plaintiff (the plaintiff, in total before and after the change, was the company that promoted the new construction project of multi-family housing (hereinafter "the project in this case") on the land outside Pyeongtaek-gun B and 140 lots. The defendant is the owner of the Gyeonggi-do Yangyang-gun C and 44 lots (hereinafter "the land in this case") out of the land in this case.

B. On April 1, 2015, the Plaintiff entered into the instant business agreement with the Defendant and entered into a business agreement (hereinafter “instant business agreement”) with the content that the Plaintiff purchased the instant land from the Defendant in KRW 50,000,000,000 and implements the instant project by using the instant land and its neighboring land as the business site (hereinafter “instant business agreement”).

The main contents of the instant project agreement are as follows.

In promoting a new project for multi-family housing (hereinafter referred to as "this project") on the ground of 140 parcel of land outside Gyeonggi-do Yang-gun B (attached Form 2; hereinafter referred to as "the project site"), the defendant and the plaintiff shall agree as follows:

Article 1 (Business Outline)

1. Project name: A multi-family housing project (tentatively referred to as the "multi-family housing project");

2. Location of business: The site for the main project in the Gyeonggi-do Yang-gun;

3. 1) Site area (1) (2) 46,373 square meters (14,028 square meters) of the exclusion area (129,301 square meters (39,113 square meters) of the purchase site (3) 82,928 square meters of the actual site area (25,085 square meters) of the neighborhood living facilities and the parking lot area, except for the land under Article 2 (Scope of business and the bearing of expenses

1. The Defendant’s business affairs and cost-bearing (1) out of the main project site, the Defendant’s land owned by the Defendant (excluding the root site in the district unit planning, including access roads and the site for installing urban planning facilities) is sold (area KRW 25,000; KRW 25,000; KRW 00,000). The Plaintiff is designated to undertake all authorization and permission-related business affairs (area unit change and project plan approval) related to the project, and cooperation 4) cost-sharing for the project implementation.

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