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(영문) 수원지방법원 2018.11.13 2017가단28197
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. (1) In the process of the construction project of electric power resource housing, the Defendant and his model C purchased the land in the name of the Defendant for the purpose of the sale project of electric power resource housing (hereinafter “instant land”). At the initiative of C, C carried out the project of newly constructing and selling 15 electric power resource housing (E-unit housing) on the ground of the instant land (hereinafter “instant project”). However, the FF corporation, which had been contracted with the said new construction project (hereinafter “instant construction project”), did not dispose of the said new construction project and suspended the new construction project.

(2) On December 20, 200, the Defendant delegated the Plaintiff’s representative director with all the rights to the instant business. On March 15, 2001, the Defendant sold the instant business site to H, but on March 15, 2001, KRW 100 million out of the purchase price H sold the first down payment to H, the date of the contract, KRW 100 million, KRW 200,000,000, and KRW 2,025,000,000,000 as the purchase price when H constructed and sells 15 houses on the land of the instant business site, and entered into a real estate sales contract with the content that the transfer of ownership as to the instant business site should be completed after the remainder payment was completed.

(3) Accordingly, the Plaintiff, while carrying out the instant construction in the instant land, notified the Defendant of the waiver of the instant project according to the difficulty in procuring construction costs on or around February 28, 2003.

(4) After the commencement of the instant construction, the Plaintiff subcontracted the interior works of the instant interior works to I Co., Ltd. (hereinafter “I”) on July 25, 2003. At around July 2003, I re-subcontracted the instant interior works to J, a stock company, the representative director of which is K (hereinafter “Plaintiff’s manager”) with respect to the said interior works, and the outer wall works of the relevant interior works.

(5) On the other hand, on June 23, 2003, the Yongsan City Mayor.

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