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(영문) 춘천지방법원 2019.03.26 2018구합51759

변상금부과처분무효확인의 소

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. Details of the disposition;

A. 1) B and D Co., Ltd. (hereinafter “D”) enter into a contract for creation C

) and E Co., Ltd. (hereinafter referred to as “E”);

(3) On August 3, 2004, the Plaintiff: (a) established “G open sets” at KRW F of Gangwon on August 3, 2004; and (b) thereby, “C formation contract” (hereinafter “instant contract”) to create “C”.

(2) According to the instant contract, Category B shall secure a site of 85,00 square meters (hereinafter “instant project site”) necessary for the creation of C, and by performing the construction of the foundation, sell the said project site to D.

(1)(1)(2) D shall build and operate a set of the D'G "G" site secured by B from the project site, and shall build and operate various subsidiary facilities and convenience facilities for video tourism and culture projects.

(Article 5(2)(2)(3) D established the Plaintiff on August 10, 2004 in order to smoothly promote the terms of the instant contract, and on August 31, 2004, the Plaintiff agreed to succeed to all the rights and obligations under the instant contract. (4) B acquired ownership of the land on the land (hereinafter “instant land”) other than 2,83 square meters and 62 square meters, which is part of the instant project site, in accordance with the instant contract.

5) The Plaintiff did not build the Lama set in the instant project site so that the date of filming’s shooting might be imminent. E intended to claim the Plaintiff later and directly constructed the Lama set up the Lama set. B. The Plaintiff filed a lawsuit seeking the registration of ownership transfer against B, seeking the registration of the ownership transfer of the instant land under 207 Gama1322, with respect to the first prior lawsuit and settlement recommendation decision, from February 2005 to May 2005.

2. In the above lawsuit, the Chuncheon District Court's original branch on November 3, 2008, "B" group sold the land of this case to the Plaintiff as stipulated in the contract of this case.