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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff (former: C) and the Defendant, D Co., Ltd., E Co., Ltd. (formerly changed: F Co., Ltd.), G Co., Ltd., G, H Co., Ltd., I, J Co., Ltd., K Co., Ltd., Ltd. (formerly changed: L Co., Ltd.), and M Co., Ltd. (hereinafter all “Co., Ltd.”) jointly contributed funds to create O in the N of the first time. (hereinafter “instant business”).
The ratio of shares based on the amount of investment is Plaintiff 16.709% and Defendant 15.941%.
B. The Plaintiff spent KRW 70,804,210 in total, by purchasing the PP, which is a State-owned land included in the instant project site, and paying appraisal fees and usage fees for State-owned land on behalf of the Plaintiff.
(C) M, D, I, and the plaintiff affix their seals to this Agreement on behalf of the above 10 copies, all the liabilities specified in this Agreement shall be divided into shares and co-responsibilityed by the O Participatings (ten copies of delegations attached to this Agreement) and shall certify the establishment of this Agreement in notarial deeds to meet their responsibilities.
- 1. The following: The safety of the Defendant’s law by requesting a review of the safety of the rectangular block and a technical team (examiner) shall be checked, and the construction shall be completed by March 30, 201 in order to ensure that there is no error in the legal surface even if weather changes, such as unexpected bad weather, have occurred in the future, regardless of the results of the check.
2. It shall be installed and constructed at the lower part of the retaining wall of the defendant 500 x 800, and a cover of the measuring instruments shall be installed and constructed at the lower part of the retaining wall by March 30, 2011;
3. The construction shall be completed not later than March 30, 201 in order to prevent civil petitions by installing a blocking room near a stable at the boundary of the R farm.
4. If the above paragraphs 1, 2, and 3 above are not fulfilled, the defendant may independently execute the above construction, and the full amount of the above construction cost shall be borne by the O participating company (ten above), and the penalty of KRW 100 million as a penalty for breach of contract shall be paid to the defendant nine above.