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(영문) 서울고등법원(춘천) 2017.12.20 2015나1920
약정금
Text

1. Upon receiving a claim for a change in exchange from this court, the defendant shall pay to the plaintiff KRW 895,470,034 and this shall apply.

Reasons

1. Basic facts

A. On August 3, 2004, the Defendant, B Co., Ltd. (hereinafter “B”), and C (hereinafter “C”) established an open set at D members of the Gangseo-gun, Gangwon-do, “C” and entered into a contract for the creation of F in order to create the F (hereinafter “First contract”).

The main contents of the first contract are as follows:

(‘A’ means the Defendant, “B”, and “A”, respectively. Article 3 (Scope of Business)

1. Project name: F development project;

2. Site for the project: D branch of the Gangwon-gun;

3. Business scale: 280,893 square meters ( approximately 85,000 square meters).

4. Estimated project cost: approximately 10.4 billion won for the primary project.

5. Project period: from August 2004;

6. Details of business: Article 5 (Obligation of Contractors) to create a foundation, to build an open set, to support facilities and convenience facilities incidental thereto, and to create tourist cultural facilities;

1.A shall carry out:

(1) A site of 85,00 square meters necessary for creation of the F shall be secured and a construction project shall be implemented to lay the foundation.

2. The above project site shall be sold to B.

(4) Even after the determination of a Class-II district unit planning in progress, where Eul applies for a change of a district unit plan (floor area ratio, maximum number of floors, recommended use, etc.) by determining a specific project plan to promote the activation of this project, Gap shall expropriate and actively promote the plan

2.B shall carry out the following:

(2) A shall build and operate a drama in the project site secured by A, and build and operate various auxiliary facilities and convenience facilities for video tourism and culture projects.

Article 6 (Sales Price and Payment Method)

1. Sale price of a site shall be the appraised price based on the development cost spent for the creation of the initial project site by A; and

2. B shall pay the down payment of 10% to A at the time of conclusion of the sales contract, and the balance shall be able to be repaid in installments to the extent possible under the current law.

Article 15 (Establishment of Juristic Persons and Succession to Authority) B as party to this Agreement shall aim to facilitate the promotion of projects.

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