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(영문) 수원지방법원 2015.03.20 2013가합17080

소유권이전등기

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. On August 31, 1989, S reported the discovery of hot spring in the Gangwon-gun T of Gangwon-do, and on July 23, 1990, S accepted S's hot spring discovery report according to the results of the inspection by the Korea Institute of Energy and Resources.

B. On February 13, 1992, the Gangwon-do Governor of Gangwon-do designated and publicly announced a hot spring district (hereinafter “the hot spring district in this case”) pursuant to Article 3(1) of the former Hot Spring Act (amended by Act No. 5121, Dec. 30, 1995; hereinafter the same) and Article 2(1) of the former Enforcement Decree of the Hot Spring Act (amended by Presidential Decree No. 15107, Jul. 1, 1996) as a hot spring district (hereinafter “the hot spring district in this case”).

C. On February 24, 1993, the Plaintiff entered into a contract with Defendant B under which the V District Hot Spring Development Promotion Committee (hereinafter “the Committee”) delegates the instant hot spring development project (hereinafter “instant project”) to the Plaintiff (hereinafter “instant delegation contract”). The main contents of the contract and the contents of the joint text written separately at the time of entering into the said contract are as follows.

Article 2 (Delegation Purpose) The mandator is to delegate the development of hot spring to the mandatary who has the ability to develop hot spring so that the mandatary may assume all responsibility and facilitate.

Article 3 (Delegated Matters) Among V District Hot Spring Development Projects

1. The Gangwon-do master plan for a hot spring district planning, approval, and development;

2. Modification of the plan for utilization of the national territory;

3. Designation of tourist resorts;

4. Environmental impact assessment by the Minister of Environment.

5."Minister of Transport" means the approval of the formation plan.

Article 5 (Period) The period of completion of the matters delegated shall be three years from the date of the contract, and shall be extended through consultation if there is an inevitable reason.

Article 6 (Expenses Incurred in Handling Entrusted Affairs) All expenses incurred in conducting the affairs above shall be borne by the mandatary.

Article 7 (Remuneration to mandatary) (1) A delegating person shall immediately be entrusted to the mandatary with the completion of the entrusted matters.