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(영문) 창원지방법원 2016.04.21 2015가합34482
체비지명의변경절차이행 청구의 소
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 Plaintiff was the representative director of C Co., Ltd. (hereinafter “C”) for the purpose of construction business, etc., and the Defendant is an association established for the purpose of the urban development project (land category change, land exchange, change of form and quality, and installation of public facilities) of land located D in Kim Jong-

B. Article 1 (Conditions for Vicarious Execution between the Defendant and E, etc.) (1) The Defendant, as the business owner of the instant project, shall implement the instant negotiated contract with E in full with the amount approved, and the terms and conditions for receiving such contract shall be on behalf of all the duties incidental to the instant contract.

Article 2(Scope of Agency) E shall be in charge of all affairs by three-dimensionally carrying out the funds needed for the project of this case, and the main affairs thereof shall be as follows:

(3) Construction work and removal compensation, obstacles, designation of land scheduled for substitution and authorization work (4) application and registration of land scheduled for substitution and subrogated registration, liquidation work (7) and all other incidental work related to the above project, Article 3 (1) E provides a three-dimensional payment of expenses, public charges, compensation, etc. resulting from the execution of the project in this case, and the defendant adjusts the three-dimensional fund to E in this case.

(3) The defendant shall actively cooperate with the request of E necessary for the disposal procedure of land allotted by the authorities in recompense for development outlay to be acquired pursuant to Articles 4 (1) and 5 (6) (a) of the contract of this case so that E can raise funds under the above (1) of this case, and shall make every effort not to increase the burden of three-dimensionals. In regard to the three-dimensional funds of Article 4 (1) E of this case, the defendant shall make the payment first priority in advance according to the emerculation. The method of payment shall be the land allotted by the authorities in recompense for development outlay for the unit price of the project of this case. In principle, the payment of the completed portion shall be made in accordance with Article 5 (1) and (2) as the land allotted by the authorities in recompense for development outlay for development outlay for development outlay for development outlay for development outlay for development purposes.

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