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(영문) 서울고등법원 2016.02.19 2015나2045978

수분양자 지위확인 등

Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiffs' preliminary claim corresponding to the revoked part shall be revoked.

Reasons

1. Basic facts

A. On May 16, 2002, F with GH business purposes entered into a basic agreement on the construction of a G-only performance hall (hereinafter “instant performance hall”) with the Defendant on the following terms: (a) approximately 3,500 square meters of the site of an amusement park in Seocheon-gu, Seocheon-si I Housing Site Development Zone; and (b) the construction of a G-only performance hall (hereinafter “G-only performance hall”).

(b)Article 3(Business Promotion) A and B(F) shall promote the project with mutual cooperation to succeed to the Korean Traditional H Culture, and Party A shall provide some of the facility subsidies necessary for the project, and Party B shall participate in the project with a method of procuring the insufficient facility capital with its own capital by the PF method in which a specific constructor participates.

(1) A shall provide subsidies to cover part of the cost of installation (three billion won) required pursuant to the Busan Metropolitan Government Subsidy Management Ordinance in establishing a permanent performance hall.

(2) B shall commence construction within two months from the date of this Convention and complete construction within 12 months from the date of commencement, except in extenuating circumstances, and ensure stability, such as inducement of funds, expansion of capital, etc., in order to facilitate the implementation of projects.

Article 4 (Contents of the Convention) (2) The B shall complete the facilities after obtaining permission for use and benefit in accordance with the donation procedures prescribed in the Local Finance Act, fulfill in good faith the terms and conditions of permission for use and benefit, and shall have the right to benefit free of use upon completion.

(3) Eul shall pay to Gap a certain ratio of admission fees from the time when it is possible to recover total amount invested after five years from the commencement of business, through a separate consultation with Gap.

The lease and sale of auxiliary facilities under Article 8 (Lease of Units) shall be conducted by submitting a business plan to Gap and obtaining approval from Gap, and shall be sold in lots after completion.

(A) On April 26, 2004, F entered into a detailed agreement on the establishment of a permanent performance hall (hereinafter “instant agreement”) with the Defendant, which includes the following:

(c).

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