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(영문) 서울고등법원 2018.02.01 2013나2020272
정산금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The status of the parties and developments leading to the establishment of golf courses 1) Defendant Incorporated Incorporated Y Co., Ltd. (mutual name is changed to Y Co., Ltd. on November 29, 199; B Co., Ltd. on August 25, 2008; and Y Co., Ltd. on February 1, 2013.

hereinafter “Defendant Y”

(1) From October 200 to October 17, 2000, 170,000 square (hereinafter “Zin land”).

3) On the part of the Plaintiff, the instant golf course is deemed to have been “Gcontribute” (hereinafter “instant golf course”).

(A) Since October 201, 2001, the construction has been promoted and 420,000 square meters (hereinafter “AAri land”).

1) The separate complex called “Ikdo” (hereinafter referred to as “the second golf course of this case”)

(2) Defendant Y was promoting the construction of a golf course. Defendant C Co., Ltd. under the Commercial Act for the operation of a golf course, and Defendant C Co., Ltd. under the division method as of December 9, 2005.

The defendant D Co., Ltd. on July 10, 2007 is "Defendant D".

3) On November 15, 2001, the Plaintiff was established for the purpose of the housing site creation project and the real estate construction business. K, which was the representative director of the Plaintiff, was Defendant Y’s representative director from November 9, 1998 to December 20, 2003, and currently is Defendant C and Defendant D’s representative director.

It has been known for a long time.

B. 1) On November 22, 2001, the Plaintiff entered into an investment agreement between the Plaintiff and Defendant Y, etc., and Defendant Y entered into the instant golf course business with Zuri and AAri land (tentatively called “the instant golf course business”).

In doing so, the "Business Investment Agreement (hereinafter referred to as the "First Investment Agreement") that the Plaintiff intends to invest one billion won in the business is called the "First Investment Agreement."

(2) The provisions of section 2 (Duties and Responsibilities of both Parties) are as follows.

1. Obligations and Responsibilities of Defendant Y: ① Overall control of overall affairs, including project plans and site purchase and progress;

(2) Land proceeds, etc.

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