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1. On the basis of both appeals, the judgment of the first instance, including the claims extended by the Plaintiff in this court, is next to the following.
Reasons
1. The summary of the case and the facts premised on the case
A. The summary of the case is the case where: (a) the Plaintiff, a person holding superficies on the land owned by the Defendant, may dispose of the building constructed by the Plaintiff during the duration of superficies with the Defendant without the Defendant’s consent; (b) the Defendant agreed to exercise development rights including superficies and to cooperate in raising development funds; (c) the Defendant was seeking to obtain a project financing by prior sale of the building scheduled to be constructed on the land owned by the Defendant to a third party for financing development funds; (d) the Plaintiff and the building subject to purchase and sale, which were under negotiations, shall be deemed to be gratuitously reverted to the Defendant after the termination of the duration of superficies; and (e) the Plaintiff filed a lawsuit seeking cancellation of the registration of creation of superficies on the ground that the superficies contract was null and void or cancelled; and (e) filed a lawsuit against the Plaintiff on the ground that the superficies contract was void or cancelled; and (e) filed a lawsuit against the Defendant on the ground that the Defendant breached its duty of cooperation pursuant to the agreement; and (e) sought payment of damages on the basis of nonperformance.
The judgment of the court of first instance accepted some of the plaintiff's claims (45,094,698,038 won and damages for delay) and dismissed the remaining claims, and the plaintiff and the defendant appealed against the part against which they lost, respectively.
(The plaintiff extended the claim in this court). (B)
【Evidence of Facts】 A, 3, A4-1, 2, A6-1, 2, A7, A8-1, 2, A9-1, 2, and 2-10
1. 2, 갑11, 12, 갑13의 1, 2, 갑27, 30, 43, 44, 45, 갑47의 1, 2, 갑72, 181, 을10, 15, 46, 54, 94와 변론 전체의 취지 ⑴ 당사자 ㈎ 원고는 2005. 4. 28. 법인세법에 따라서 회사의 자산을 부동산개발, 임대 분양 및 관리에 운용하고 그 수익을...