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(영문) 서울중앙지방법원 2020.10.28 2018가합564293

준공유지분확인 등의 소

Text

As of January 1, 2019, the Plaintiff and the Defendant set the date of entry into force with respect to the E-paragraph F facilities in attached Table 1.

Reasons

1. Facts of recognition;

A. The Plaintiff (1) is a company established on March 16, 1976, which is engaged in the manufacture and sale of chemical products, rubber products, plastic products, processed products, or by-products, and the Defendant (H, a corporation prior to the change: H, a corporation incorporated on May 1, 1989, carrying on liquid cargo transport business, etc. by pipeline.

(2) On December 28, 199, the I Co., Ltd. (hereinafter “I”) is a company established by J Co., Ltd. (hereinafter “J”) and K Co., Ltd. (hereinafter “K”) for the purpose of manufacturing, storing, processing, and selling petrochemicals and by-products thereof by integrating the decomposing facilities sector.

B. On September 11, 1990, the contract for the construction and operation of the N Import Base (1) concluded a basic agreement for the construction and operation of the N Import Base (hereinafter “this case’s basic agreement”) with the Plaintiff, the Defendant, the J, and K (hereinafter collectively referred to as the “instant N Import Base”) under the agreement that the N Import Base (hereinafter referred to as the “Defendant, etc.”) was constructed and operated in O and P. The parts related to the instant case are as follows.

In jointly promoting the construction of the N Import Base between the plaintiffs, J and K (hereinafter referred to as the "participating companies") and the defendant operating the N Import Base (hereinafter referred to as the "operating companies"), which are used as N in the Framework Agreement for the Construction and Operation of the N Import Base (H and No. 1) Q., the following agree to the construction of the N Import Base:

The location NEM shall be installed at approximately 80,000 square meters in the land of Jeonnam-do.

2. The participating company in the outlines of a project shall establish an import base, including wharfs, loading and unloading, storage and transfer facilities, at the Ro-do Ro-dong, Jeonnam-do, with a view to ensuring the stability of N, and for this purpose, the operating company shall secure the necessary site, and the participating company shall jointly secure one hundred thousand won.