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(영문) 창원지방법원진주지원 2015.02.04 2014가합1860
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. On September 18, 2010, the Plaintiff entered into a land development agreement with the Defendant on each of the land indicated in the separate sheet, which is owned by the Defendant (279m2,973m2, prior to D, 368m2, prior to E, 38m2, and 65m2, prior to E, 38m2, and 3895m2, prior to June 15, 201, was divided into each of the land listed in the separate sheet, on June 27, 2011.

As to the land development agreement (hereinafter “instant land development agreement”) with the following content:

Section 1 (Purpose of this Arrangement) This Arrangement is concluded for the successful completion of the land development project A (the Defendant; hereinafter the same shall apply).

) J. B (the plaintiff, hereinafter the same shall apply)

The purpose of this project is to set forth the roles and scope of the work. The outline of this project is to develop each real estate listed in the separate sheet as a whole house or penture complex. Article 3 (Duties)

1. A shall provide the land to a development project and run the land development and construction work from the commencement to the completion of construction work of B;

2.A shall cooperate in all document procedures necessary to obtain the authorization and permission for the smooth progress of B, and deliver a written consent to the use of land to B immediately.

3. B shall obtain land development and building permission in the name of Party A and commence construction works for up to 15 days.

4. The price of land shall be calculated as 450,000 won per square day, and all 614,250,000 won shall be agreed.

5.The payment of the price of land shall, in principle, be made within 15 days after the completion of construction at any time or at any time, and, if the sale is made before completion, the sale price shall be preferentially appropriated for land price and paid to A.

7. A shall receive the down payment for land sale and purchase by making a financial loan to B as debtor according to the present land condition, and B shall immediately implement the authorization and permission procedure for construction and commence construction of A’s housing at the location designated by A after completion of civil engineering work and complete it within three months.

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