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(영문) 서울중앙지방법원 2016.08.12 2015가합544038
손해배상(기)
Text

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

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

Reasons

1. Basic facts

A. 1) Defendant A Association (hereinafter “Defendant A Association”) entered into the instant joint project agreement

2) A business that newly constructs business facilities and neighborhood living facilities (hereinafter “instant business”).

(2) On September 28, 2007, from Sungnam-si, Gyeonggi-do, B to 989.6 square meters (hereinafter “instant land”) to proceed.

(2) On May 4, 2011, the Plaintiff and the Defendant Union concluded a real estate sales contract to purchase KRW 5.937 billion and paid KRW 593,703,000 for the same day the down payment. (2) The Plaintiff and the Defendant Union agreed to jointly implement the instant project on May 4, 2011 (hereinafter referred to as the “Agreement on May 4, 201”).

(1) and (2) and (3) of this title.

Details are as follows:

Joint Implementation Contract

1. The name of the joint project implementer "A": The name of the defendant association "B": The plaintiff;

2. Business name 1) Site location: Site area 2) located within the neighboring commercial area within the Housing Site Development Zone C: Total area: 9,296.04 square meters (2,812.05 square meters) 9,296.04 square meters (2,812.05 square meters) in the area: 5 stories underground and 10 stories above ground: neighboring commercial area (Provided, That the unit area, building area and outline, and building usage may be altered to a size at the time of confirmation of the establishment of the business), the above party association and the plaintiff under this contract agree with each other for the smooth implementation and construction of the neighboring commercial construction project and concluded the following contracts based on the principle of trust and good faith.

(c) Article 1 (Purpose of Business) The Project is the right, duty and duty to acquire the land, use the land, dispose of new buildings, bear the project cost, distribute the proceeds of the Project, and so forth for the acquisition of the land for the joint project, use of the land, dispose of new buildings, share the project cost, distribute the proceeds of the project, and so forth, established with the Defendant Union and the Plaintiff established with the investors of the property rights (hereinafter referred to as the "members") in accordance with the rules and regulations, such as C

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