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(영문) 서울고등법원 2017.04.07 2016나2018966

임료 반환 등

Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Basic facts

A. The relevant Plaintiff is a project financing investment company that implements a golf course project (hereinafter “instant project”) with the aim of constructing, selling, or operating golf courses, detached houses, and their ancillary facilities in a part of the Incheon Free Economic Zone zone zone zone, and the Defendant is a project implementer who is a special public corporation established pursuant to the Korea Land and Housing Corporation, and is a project implementer for the development of the Cheongbu District in the Incheon Free Economic Zone (hereinafter “Cheongbu District Development Project”).

B. The former Ministry of Finance and Economy changed its name to the “Special Act on Designation and Management of Free Economic Zones” pursuant to Article 203-19 of the Public Notice of Ministry of Finance and Economy (amended by Act No. 7291 of Dec. 31, 2004) on August 11, 2003. < Amended by Presidential Decree No. 200366 of Jul. 31, 2009>

In accordance with Article 4, etc., the Cheongdo District was designated as a Incheon Free Economic Zone. 2) The Cheongdo District Development Project for the purpose of attracting foreign investment and fostering a hub area where the North East East Asian economy can function as a hub, etc., the Incheon Metropolitan City, the defendant (at the time, the Korea Housing Corporation was a land corporation and became a defendant in consequence of its merger with the Korea Housing Corporation), and the Korea Rural Community Corporation was designated as a joint project operator (Article 2006-48 of the Public Notice of the Ministry of Finance and Economy), and the Incheon Metropolitan City was designated as a joint project operator (Article 206-48 of the Public Notice of the Ministry of Finance and Economy), and the Cheongdo District was 531,134.5 square meters in total size, 41,616.1 square meters in size, the Korea Rural Community Corporation was 16,828,698 square meters in size, the defendant was a project implementer of Seodongdong-dong, Seodong-dong, Seodong-dong, 17,7147,747,7.7.