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(영문) 창원지방법원밀양지원 2016.08.31 2015가단3565

손해배상(기)

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. E’s hot spring business progress and Plaintiff’s establishment 1) E purchased the above land by receiving investment from G, etc. to operate hot spring development projects from around 1990 to around 190 in a large scale, including G, in order to operate hot spring development projects, and H Co., Ltd. (hereinafter “H”).

2) On March 4, 1993, 193, E was partially running a hot spring business including, but not limited to, L/M, etc., a person who was in charge of an executive officer of H or H, but failed to secure the necessary project site (public bath and lodging business) even though he received investment funds of at least KRW 500 million from G for five years thereafter, E was unable to properly secure the necessary project site.

3) From August 18, 197, E and G newly established the Plaintiff and jointly established the Plaintiff, and entered into a contract for the transfer of ownership of a hot spring hole with the purport that H will transfer to the Plaintiff the entire rights to the instant real estate and the instant four hot spring hole located in J and K. In this regard, in a lawsuit against H seeking confirmation and transfer of the ownership of the said hot spring hole against H, “H will transfer the said hot spring hole to the Plaintiff” was sentenced to a final and conclusive judgment that “H will transfer the said hot spring hole to the Plaintiff” (C Changwon District Court Decision 2001Ga603, Changwon District Court Decision 2003Na989, Changwon District Court Decision 2004Da23530, Oct. 4, 200), while not directly developing the hot spring hole from the Plaintiff and H due to disputes between the Plaintiff and H, etc., the report on the transfer of the hot spring hole to the Plaintiff on the transfer of the ownership of the said hot spring hole.