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(영문) 인천지방법원부천지원 2017.09.20 2016가합102138

지상물매수

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. The Plaintiff is a company that operates the play facilities (hereinafter “instant play facilities”) at the site of the sports complex and sports park located in Bupyeong-si, Busan Metropolitan City (hereinafter “instant park”), which is established for the purpose of operating and managing amusement parks, etc., and the Defendant Seocheon Facilities Management Corporation (hereinafter “Defendant Seocheon Facilities Management Corporation”) is established for the management and operation of the public facilities of defendant Seocheon-si pursuant to Article 76 of the Local Public Enterprises Act and Article 27(1) of the Public Property and Commodity Management Act (hereinafter “Public Property Act”), Article 18 of the Ordinance on the Establishment and Operation of Sports Facilities in Seocheon-si, Busan Metropolitan City and the Ordinance on the Establishment and Operation of the Facilities Management Corporation, and the agreement on the entrustment of the management and operation of public sports facilities.

B. The Non-cheon Trade Development Co., Ltd., a public corporation established by Defendant Seocheon-si, which acquired the Plaintiff’s play facilities, including joint operation and goodwill, (hereinafter “Non-cheon Trade Development”) operated the instant play facilities with permission granted from the Busan City Mayor for the use of 7,90 square meters of the site in the instant park.

Since then, on November 1, 2005, the Plaintiff and fathercheon Trade Development entered into a contract with the Plaintiff to jointly operate the instant play facilities by investing funds, and divide the profits therefrom in their shares, and jointly operate the play facilities of this case.

C. On May 16, 2007, the Plaintiff acquired 426,152,180 won business shares and facilities for the instant play facilities from the Busan Trade Development, and obtained permission for the use of the instant play facilities in the name of the Plaintiff from the Defendant Corporation on May 31, 2007. (2) The Plaintiff operated the instant play facilities on October 18, 2012.