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(영문) 서울중앙지방법원 2014.10.15 2013가합554109
손해배상청구의 소
Text

1. The plaintiff succeeding intervenor's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the intervenor succeeding to the plaintiff.

Reasons

1. Basic facts

A. On February 22, 2011, Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) entered into a sales contract with the Korea Land and Housing Corporation to pay KRW 2.5 billion each of 2.8 billion on August 22, 201, for the designated purpose as a multi-unit housing site for 60 to 85 square meters (hereinafter “instant land”). The sales contract was to pay KRW 1.2.55 billion out of the sales price, on the date of the contract. The remainder of the sales price is to pay KRW 2.83 billion on August 22, 2011, and KRW 2.82 billion on February 222, 201, and KRW 2.82 billion on August 22, 201 and KRW 2.8 billion on February 17, 2013, respectively.

(hereinafter referred to as the “instant sales contract”) B.

The Defendant Company intended to implement a housing construction project directly on the instant land, but modified the project plan by the method of a regional housing association which recruits and sells the members of the regional housing association. On December 12, 2012, the Defendant Company entered into an agreement on the business to newly build and sell an apartment of 340 households and ancillary welfare facilities (hereinafter “instant apartment”) on the instant land as an agent of the F regional housing association, and on the status of a new company as an agent of the F regional housing association, a new company entered into an agreement on the business to newly build and sell an apartment of 1 to 18th and upper floors on the instant land in the status of a city construction project. Of

(hereinafter referred to as the “instant business agreement”). Article 3 (Business Gu Roads)

1. After the conclusion of this Agreement, the Defendant Company shall promote the business activities relating to securing the business site and obtaining the business license through the Land Sales Contract.

Article 5 (Allocation of Duties and Responsibilities) To facilitate the Project, the Parties to this Arrangement shall perform the following duties in good faith and shall be responsible therefor:

1. Scope of business of the Defendant Company) acquisition of ownership for the entire site of the project and related business affairs (ground, disposal of obstacles, removal, access roads, packing and securing, cancellation of limited real rights, transfer of ownership, and registration of ownership for the entire site of the project;

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