수분양자 지위확인 등
1. All appeals by the plaintiffs and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
Purport of claim
1. The primary description;
1. Basic facts
A. On May 16, 2002, F Co., Ltd., a company whose business purpose is GH business, etc. (hereinafter “F”), entered into a basic agreement on the construction of G-only performance halls (hereinafter “the instant performance halls”) with the Defendant on May 16, 200, with the content that it would build a G-only performance hall (hereinafter “G-only performance hall”) around approximately 3,500 square meters of the site of an amusement park in Seocheon-si, Seocheon-gu, Busan.
In addition, on April 26, 2004, F entered into a detailed agreement on the establishment of a permanent performance hall with the above Defendant (hereinafter “instant agreement”).
Article 3 (Promotion of Projects) A and B of the Convention shall promote projects with mutual cooperation to inherit the Korean Traditional H Culture, and Party A shall provide some of the facility subsidies necessary for the projects, and Party B shall participate in the projects with the method of procuring the insufficient facility 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 Convention) (2) A shall complete facilities with permission for use and benefit in accordance with the procedures for donation 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 percentage of admission fees from the time when it is possible to recover the total amount of investment after five years from the commencement of business, through a separate consultation with Gap.
Article 7 (Performance, Completion Guarantee, etc.) (1) B shall be among the following methods to ensure the successful implementation of a project to build a permanent performance hall: