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(영문) 울산지방법원 2019.07.17 2018가합27160
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is the owner of 2,749 square meters prior to Seo-gu, Seo-gu, Gwangju, and 1/2 co-ownership of D forest land 4,926 square meters (hereinafter “instant land”).

The Seo-gu Gwangju Metropolitan City C, D, and H owners of the Agreement (hereinafter referred to as “A”) shall agree on the following matters to jointly carry out hot spring development projects with E, A, F, G (hereinafter referred to as “B”) and the said land, and shall be notarized to clarify their responsibilities and obligations:

1. The purpose of this Agreement is to sell the above land and to jointly take business profits with Gap and Eul when the above land owned by Gap is developed into a hot spring area due to the discovery of hot spring water in the above land.

2. Where the land is found to be hot spring as a result of drilling, the developed area shall be determined according to the volume of hot spring water.

Provided, That for land to be developed as a hot spring district, the first price of land shall be paid 400,000 won per square meter to Gap who is the owner, in advance, and the subsequent profits from the development shall be divided into 5:5.

The shares of Eul shall be adjusted to 1,00 square meters, F 1,00 square meters, and E 50 percent from the remainder, and G 50 percent.

3. During the implementation of the above project, Eul shall bear all the expenses, such as costs for drilling, permission, and registration of hot spring. If a hot spring development is lost, Eul shall bear all the expenses and responsibility for the restoration to the original state, and Eul shall not be liable to Eul for all all the expenses.

In addition, Eul shall complete the restoration to its original state within six months after the completion of the project.

5. The term of validity of this Agreement shall be limited to September 30, 2014, and B shall complete the project, such as drilling, development and licensing of hot spring water within a period of time.

Provided, That if additional time is necessary, it may be extended only once by mutual agreement.

B. The Plaintiff, E, F, and G and the Defendant enter into a joint agreement to jointly carry out a hot spring development project on September 24, 2012.

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