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(영문) 대전지방법원홍성지원 2019.01.17 2017가합1278
협약유효 확인
Text

1. The main part of the lawsuit in this case shall be dismissed.

2. The plaintiff's conjunctive claim is dismissed.

3...

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in real estate development and construction business, and the Defendant is a local public enterprise established for the purpose of acquiring, developing, selling, leasing and managing land for housing site development, etc.

B. On July 2015, the Defendant: (a) provided land to the Defendant regarding the block block among the block-type detached housing sites in the C Project District; and (b) planned and provided a pilot project by joint development project method in which the private business entity constructs and sells the housing; and (c) selected the Plaintiff as the business entity on July 20, 2015.

C. On October 20, 2015, the Plaintiff and the Defendant concluded the “Joint Development Agreement with Private Sector”.

(hereinafter “instant agreement”). The main contents are as follows:

Article 1(Purpose)This Convention aims to provide for necessary matters, such as rights and duties, etc., between the defendant and the plaintiff when running a joint development project of block type block type (D block) by the defendant and the plaintiff, and to successfully complete the said project.

Article 2 (Definitions of Terms) The definitions of terms used in this Convention shall be as follows:

1. The term “C block-type joint development project” (hereinafter “instant project”) means a project for jointly developing the Defendant and the Plaintiff by sharing their respective duties with respect to the block-type detached housing (the first phase project zone proposed at the time of public invitation by a private business entity inside the block) in C, and the Plaintiff’s housing construction method.

Article 4 (Business Object) The business object of the instant project is an area proposed by the private business entity as one-stage business area among the posters franchises selected through the public offering of joint development projects of block block block block block block in the C development project district, and the location map and the terms and conditions of land prices are as follows:

Provided, That the location, area, and land price of the site at the time of the basic and working design may be adjusted.

The ratio of building-to-land ratio shall be 1,000 won.

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