(영문) 제주지방법원 2018.05.17 2017가합151

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(영문) 제주지방법원 2018.05.17 2017가합151

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. From January 2016, the Plaintiff and the Defendant, the Defendant’s parents, C and D, each of whom are the Defendant’s parents, and E and F (hereinafter “instant land”).

2) The business of constructing and selling neighborhood living facilities and houses (hereinafter “instant commercial building business”)

2) On February 18, 2016, the Plaintiff and the Defendant purchased additional land in Seogpo City G, H, and I (hereinafter “instant neighboring land”) in the vicinity of the instant land to operate another canal wells development project (hereinafter “the instant canal wells development project”), and drafted a memorandum of understanding as follows.

The project site: The purpose of this Understanding is to clarify the intent and intent of the defendant and the plaintiff to agree to the mutual cooperation between the project owner and the plaintiff for the successful progress of the project in the joint promotion of the project in Article 1 (1) of the project site (the total of the project site and the purchase cost of other canal wells) other than the land in this case.

Article 2 (Contents of Cooperation) (1) The Parties shall mutually cooperate and assist to the maximum extent possible for the successful progress of the Project.

(2) The roles of the Parties related to this project shall be as follows:

1. The defendant shall endeavor to legally trust the project site to a trust company that has subsequently designated the ownership of the project site (to secure approximately KRW 1 billion with the fund to secure the project site) and later.

2. The Defendant and the Plaintiff shall endeavor to establish an enforcement corporation for the implementation of the project.

3. The plaintiff shall make every effort to ensure the success of the project by making maximum use of his expertise and know-how with respect to the planning of the project, financing, and marketing.

4. Detailed matters concerning financing and distribution of earnings shall be determined at the time of conclusion of a regular contract through subsequent consultation.

4. The Parties shall enter into a fixed contract as soon as possible.

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