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(영문) 서울중앙지방법원 2015.06.05 2013가합93109

회생채권조사확정재판에 대한 이의

Text

1. The Seoul Central District Court Decision 2013 Ma1220 dated December 9, 2013 (2013) is revoked.

The plaintiff.

Reasons

1. Facts of recognition;

A. D Development Project Project Agreement and Guarantee Insurance Contract 1) The Plaintiff’s Intervenor is the land, etc. Yongsan-gu Seoul Metropolitan Government E (hereinafter “instant project site”).

(B) In order to develop, on December 13, 2007, the consortium members and D Development Project (hereinafter referred to as the “instant Project”) consisting of 26 legal entities, including the Defendant, through a public offering process, have been selected as business operators.

(iii)the Project Agreement for the Project (hereinafter referred to as "the Project Agreement of this case") shall apply.

(A) The part relating to the instant case in the instant project agreement is as follows: (a) A or A evidence 1-1-2

(A) No. 1. Definitions of the terms

4. The term "land to be traded" means land of 356,492 square meters, owned by the Plaintiff’s Intervenor, among the land subject to the project;

12. The term “project company” means a corporation established pursuant to Article 51-2 of the Corporate Tax Act as a corporation established by joint investments between the Plaintiff’s Intervenor and the Seoul Special Metropolitan City (or the Seoul Special Metropolitan City and/or G Corporation) and the consortium members in order to promote this project.

13. The term “asset management company” means a corporation established under Article 86-2 of the Enforcement Decree of the Corporate Tax Act as a corporation that performs the business of managing, operating and disposing of its assets under the entrustment of the project company and the general business affairs of the project company.

18. “Land sales contract” refers to a contract entered into between the Plaintiff’s Intervenor and the project company with the content of selling land to be traded by the Plaintiff’s Intervenor to the project company and purchasing them from the Plaintiff’s Intervenor.

Article 4 Promotion of the Project (1) In principle, the Project shall be implemented by integrating and developing all the project targets.