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(영문) 서울고등법원 2018.09.13 2018나2000570
손해배상(기)
Text

1. Claim for confirmation of ownership of D Co., Ltd. among the parts concerning the counterclaim of the first instance judgment, and the representative director.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of premise;

A. E-Development Association (hereinafter “instant Association”) is a commercial land development association established for the purpose of promoting projects, such as purchasing commercial land supplied to a living measurer in lots, constructing and selling business or commercial buildings, supplying commercial buildings to its members, etc., and distributing profits therefrom in connection with the G G urban development project implemented by EN Corporation.

B. On June 10, 2014, D Co., Ltd. (hereinafter “D”) entered into an implementation agency contract with the instant association on the instant development project of Songpa-gu Seoul Metropolitan Government H (hereinafter “instant real estate”) (hereinafter “instant project”) (hereinafter “instant implementation agency contract”) and the main contents related to the instant case are as follows.

Article 3 [Scope of Services]

A. (1) The instant association’s business operations (1) upon receipt of the supply of land from EP, shall cause D to change the name of the land contractor within 30 days.

(b) within 45 days of the execution of this contract, D’s work (1) pays the sale price of the project site (the contract price of KRW 3,822,515,90) to E.I.D.

Article 9 (Effect and Termination of Contract)

B. If the instant union and D deem it impossible to carry out normal business activities of one another, they may be cancelled if it is clearly notified by specifying the reasons therefor, and if it is not corrected thereafter, it may be cancelled.

C. D, on the same day, prepared and offered to the instant union a letter of undertaking with the following contents (hereinafter “instant letter of undertaking”).

The execution contract between the instant association and D, prepared on June 10, 2014, becomes effective until June 15, 2014, and the land contract is concluded with the City event and this contract, which are concluded on June 16, 2014.

D At the time of the execution of the instant case, Defendant B, at the time, shall pay to SP in accordance with the execution agency contract of this case.

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