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(영문) 서울중앙지방법원 2015.02.10 2013가단18
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On December 24, 2002, Defendant CC Construction Co., Ltd. (hereinafter “C Building”), Defendant CF real estate trust Co., Ltd. (hereinafter “KF Trust”), and Nonparty A Co., Ltd. (hereinafter “A”), ELD investment securities Co., Ltd. concluded a business agreement (hereinafter “instant business agreement”) with a view to clarifying their respective roles, scope of duties and responsibilities, and determining other detailed matters necessary for the promotion of the project, in order to facilitate the promotion of the development project on the land outside and outside of Sungnam-gu Seoul Special Metropolitan City, Sungnam-gu, and one parcel (hereinafter “instant commercial building”).

B. According to the agreement drawn up pursuant to the instant business agreement (hereinafter “instant business agreement”), A, an executor, shall perform the duty of Article 4(1) A (A), including the conclusion of a contract with B and C, and the management of sales contracts, with B and C, with respect to the procurement of funds for performing the conditions for permission to secure the project site:

(a)to secure ownership in the project site, to cancel third party's rights and obligations, and to deal with relevant administrative affairs;

(b)the performance of all kinds of authorization and permission (including modification) operations, including building permits, and licensing conditions;

(c) Handling of all civil petitions following the implementation of the project, such as primary civil petitions (such as the right to sunshine, the right to view, etc.), lessee treatment (referring to relocation and the responsibility for completion of evacuation) in the project site prior to the commencement of the project and structure, and removal of obstacles;

(d)a security trust to C public funds (such as entering into a loan agreement) and all project sites related to the project;

마. 본 사업과 관련하여 丁(엘지투자증권 주식회사)에 대한 대출원리금 상환,

(f)to delegate (including subscription money and development costs) to C public funds management affairs, such as receipt and management of proceeds from sale related to this project to C public account in the name of C public account;

(g) joint management and enforcement with B on the commercial development costs related to the project;

(h)the conclusion and design of construction contracts with B;

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