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(영문) 춘천지방법원속초지원 2015.11.19 2015가합300010
채무부존재확인
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The status of the party concerned is that the Plaintiff is a company that newly constructs apartment units in the Seocho-si Seoul Metropolitan Government (hereinafter “instant apartment units”) and is a company that executes new apartment units in accordance with the instant apartment units (hereinafter “instant apartment units”). The Defendant is a company that entered into a construction contract with H (hereinafter “H”) that entered into a land trust contract with the Plaintiff regarding the instant apartment units and constructed the instant apartment units.

B. 1) On July 18, 2013, the Plaintiff entered into the instant business agreement with the Defendant with respect to the instant business (hereinafter “instant business agreement”) as follows.

Article 4 (Implementation of Projects, etc.) (1) A (Plaintiff) shows the ownership of the land in this case (including relocation of seedlings and removal of existing buildings), and completes the registration of trust as a trust company, after resolving all restrictions on ownership of the project site, such as obstacles (including relocation of seedlings and completion of removal of existing buildings), limited real rights (security rights, provisional registration, lease on a deposit basis, superficies, etc.). (2) A and B (Defendant) enter into a trust contract for land in lots with H and carry out the project by changing the name of the project entity to the trust company. (3) A shall secure the ownership of the land by lending KRW 4.5 billion from B to 4.5 billion from B for the payment of the balance of land. (4) A shall reimburse the construction cost in advance of B or the construction cost in advance (including loans of KRW 4.5 billion). In this case, the quality of the PF loans shall be repaid at the time of completion of the project in consideration of the difference between the geological content and the construction cost in advance.

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