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(영문) 수원지방법원 2017.02.07 2016구합682

협약상지위확인등

Text

1. The plaintiff's action against the defendant B Corporation shall be dismissed.

2. All of the Plaintiff’s claims against the Defendant Suwon.

Reasons

1. Facts of recognition;

A. On March 25, 199, the defendant Suwon-si decided to attract private capital in Suwon-si D Dong, Suwon-si, Suwon-si, to build A, and publicly announced the invitation of applicants for investment in the inducement project of private capital.

In August 1999, four companies including E Co., Ltd. (hereinafter collectively referred to as “E consortium”), including E Co., Ltd., submitted an application for designation of a project operator and a project plan at Defendant Suwon.

B. On February 1, 200, Defendant Suwon-si signed the “C Private Investment Project Convention (hereinafter “former Convention”) with the E Co., Ltd. that represented the E consortium on February 1, 200 with the main content of “the construction of a convention/ hotel, hotel, exhibition, exhibition, exhibition, watch tower, venture facility, string, commercial amusement facility and housing complex (main complex building), which is a core facility, in an area inside and outside the area of 127,000 square meters of Suwon-si, Suwon-si, Suwon-si, which is around KRW 127,00,00, with the project operator as a A Co., Ltd. established by E Co., Ltd.” (hereinafter “instant agreement”).

Accordingly, E consortiums established the plaintiff as a special purpose company in May 22, 200 in order to implement the above business.

C. On April 15, 200, the Governor of the Gyeonggi-do determined and publicly announced the Suwon-si Seoul Special Metropolitan City Urban Planning (SP) that designates the size of 424,000 square meters as the project district for the development of the urban districts. On June 29, 2000, the Suwon-si Special Metropolitan City was designated and publicly announced as the project implementer for the development of the urban districts (C creation, hereinafter “instant project”).

The Minister of Land, Infrastructure and Transport (the competent administrative agency was the Minister of Construction and Transportation at the time, but the name of the Ministry of Construction and Transportation was changed to the Ministry of Land, Transport and Maritime Affairs on February 29, 2008 due to the revision of the Government Organization Act, and the name of the Ministry of Land, Infrastructure and Transport was changed to the Ministry of Land, Infrastructure and Transport on March 23, 2013, and without any distinction, the name is changed to the Ministry of Land, Infrastructure and Transport on March 23, 2013.

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