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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. From August 23, 2002, the Defendant operated a fishing boat mooring place on the waters E located in Chuncheon City, C and D, and on January 9, 2007, in order to operate the water-related leisure business by installing a fishing boat station on the water-related leisure business, the Defendant obtained permission to occupy and use the above C and three lots from the Chuncheon City from January 9, 2007 to January 8, 2010 (hereinafter “instant occupancy and use permission”).
B. Since January 25, 2007, the Defendant entered into a contract with F as follows (hereinafter “the First Sales Contract”).
- In the indication of sale: (a) the purchase price specified in the permission to occupy and use a fish farm in Chuncheon City C and D fishing boat be KRW 70,000,000 on January 9, 2007; and (b) KRW 35,000,000 on the contract date ( January 25, 2007) shall be paid as down payment; and (c) the Defendant shall be regularly received.
The remainder of Paragraph 2 35,000,000 shall be paid in installments to the defendant after completion inspection after completion of the establishment of the excursion ship wharf for the permission (G) from Chuncheon City on January 9, 2007.
Paragraph 3, the defendant shall issue to F documents necessary for the change of name at the same time as the official permits are granted after the completion of all facilities.
Paragraph 4 F shall delegate all the operating rights to the defendant, and the F shall not open the amount of money of not less than KRW 100 million when the defendant sells.
Provided, That the operating authority shall be delegated to the defendant until September 30, 2007, and the F shall be directly operated from October 1, 2007.
Paragraph 5 of this Article shall be conducted in good faith with respect to the matters delegated by F and in consultation with F when the Defendant intends to sell and sell the instant products to others, and shall be in accordance with F intent.
Paragraph 6, F shall immediately present to the defendant the documents necessary for the surrender when the defendant sells within the time limit.
C. The defendant received 35,00,000 won from F on February 6, 2007 for the remainder of the above sales contract, and completed the construction to F until April 15, 2007, and after obtaining all permission from F, it will change the name to F.