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(영문) 서울중앙지방법원 2014.05.23 2013가합35387
매매대금 반환 등
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 24,318,506,60 to the Defendant (Counterclaim Plaintiff) and its related amount from February 5, 2013 to March 4, 2013.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of the construction of housing and commercial buildings, and is registered as a housing construction business entity under Article 9(1) of the Housing Act, and the Defendant was established based on the Act to develop and manage an industrial complex and to support the industrial activities of enterprises (Article 45-9 of the Industrial Cluster Development and Factory Establishment Act), and on August 2, 2007, the Do governor Park Young-si, Kimhae-ri, a business entity for the above industrial complex development project (hereinafter “instant industrial complex”), and the said industrial complex development project is conducted by the Corporation.

B. On May 30, 201, the Defendant made a public announcement of the sale of the disposal site (multi-family housing, commercial facilities, support facilities, parking lots, parking lots, logistics distribution, and waste disposal) among the instant industrial complex, and specified the following matters as material facts. The applicant shall conclude a contract on the condition that he/she approves the status of the land creation, current status (e.g., the form, height, base, condition of the law, and other obstacles to land use) and the location conditions inside and outside the project district, and shall conclude the contract on the condition that he/she approves it. The applicant shall be responsible for failing to confirm it. Since the project is not supplied under the completion of the development project, there shall be changes in the area or land use plan of the project period and purpose site (including surrounding land) in accordance with the alteration of the development plan and implementation plan, such as discovery of cultural heritage, construction conditions of infrastructure, impact assessment of environment, traffic, disaster, etc., and the implementation process of the development plan and implementation plan. The seller shall accept this.

) The Plaintiff and the buyer (hereinafter “B”)

A) A sales contract is concluded between the parties. Article 1 (Sale Price and Payment (1) A shall provide the following table:

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