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(영문) 수원지방법원안양지원 2017.12.13 2017가단100565
손해배상(기)
Text

1. All claims filed by the Plaintiff (Appointed Party) and the Appointed C are dismissed.

2. The costs of lawsuit are assessed against the plaintiff (appointed party) and the plaintiff.

Reasons

1. Basic facts

A. (1) On March 14, 2012, the Appointor is entitled to the instant land: (a) from Jeju-si, E 1,390 square meters (hereinafter “instant land”).

(2) On May 4, 2012, the Claimant purchased KRW 300,000,000, and completed the registration of ownership transfer on May 4, 2012. (3) On May 4, 2012, the Claimant created the right to collateral security, which is the maximum debt amount of KRW 338,00,000,000, to the F Cooperatives, was terminated on August 19, 2015, and on the same day, the G Company created the right to collateral security, which is the maximum debt amount of KRW 156,00,000,000, in

B. 1) On March 17, 2015, the selector, via the Plaintiff, via the Plaintiff, who is an agent (hereinafter “H”).

B) In the instant case, an agreement was concluded between the parties to newly construct a multi-family housing and distribute profits on the instant land. However, the said agreement was reversed upon the dispute between the parties. (ii) The Appointor entered into a joint agreement with I on February 2, 2016 with the Plaintiff, which is similar to the preceding paragraph on the instant land, but the said agreement was not implemented upon the occurrence of the dispute between the parties.

C. 1) The Selection shall provide the instant land at present (loan 130,00,00) and the Defendant shall pay approximately KRW 6,70 (137 square meters) on the present design after completion as substitute for land investment. The Selection and the Defendant shall establish or consult with the SPC Corporation in an appropriate manner for the smooth operation of the project after completion of this contract, and conduct the Defendant’s supervision. The Defendant shall select and implement one of the following: The Defendant shall provide one of the following: (i) the real estate balance guarantee policy (1.2 billion won) or other equivalent performance note (1.5 billion won payment note) for the real estate balance guarantee (1.5 billion won for the trust company) - the Corporation selected by the Defendant shall invest one billion won as the executor, complete the construction of aggregate, complete the construction of aggregate, and procure the remainder construction expenses by utilizing the method of PF, etc. after completion of the contract; and (ii) the construction shall be completed within three months after completion of the construction work within one year after completion of the construction work.

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