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(영문) 서울중앙지방법원 2014.09.26 2013가합52597
손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. In 2005, the Plaintiff and the Defendant purchased each land listed in paragraphs 1 through 4 of the attached list and agreed to conduct the intermediate waste treatment business at the same time, and concluded a partnership agreement between the Plaintiff and the Defendant to bear 1/2 of the necessary expenses, such as the purchase price of land.

(hereinafter “instant partnership business”). (b)

As of October 14, 2005, the Defendant entered into a contract with C to purchase each of the lands listed in [Attachment List 1 to 4,000,000,000,000 won for the Defendant’s management Co., Ltd. (the location of its head office: Gangseo-gu Seoul), and the Defendant paid 50,000,000 won for the down payment to C on the same day.

C. On January 12, 2006, the Plaintiff and the Defendant established E (hereinafter “E”) for the purpose of the construction waste interim disposal business, etc., and registered the G to obtain the qualification certificate for acquisition of farmland as the representative director.

On January 26, 2006, the Defendant paid the remainder of KRW 448 million to C on January 26, 2006, as the instant partner fee, etc. received from the Plaintiff (i.e., the remainder of KRW 430 million, which was requested by C to pay an additional amount of KRW 18 million). With respect to each land listed in the separate sheet Nos. 1, 2, and 3 on March 8, 2006, the Defendant received each registration of ownership transfer in the G future for the land listed in the separate sheet No. 4.

E. The Defendant purchased the land indicated in paragraph (5) of the attached Table No. 5 of the same case as the instant property in addition to the price of KRW 12.1 million, and took necessary measures to obtain a waste disposal business license by restoring the land indicated in paragraph (4) of the attached Table No. 4, which was used as a parking lot different from the land category, to farmland to its original state, etc., and submitted a construction waste disposal business license pursuant to Article 25(2) of the former Wastes Control Act (amended by Act No. 10389, Jul. 23, 2010), but submitted a construction waste disposal business plan to the Chungcheong City Mayor around December 11, 2008, the Defendant around January 2009, submitted the construction waste disposal business plan.

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