(영문) 수원지방법원성남지원 2013.01.22 2012가합1586

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(영문) 수원지방법원성남지원 2013.01.22 2012가합1586

점포수분양자지위확인 등

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant’s establishment, etc. 1) Dimera Co., Ltd. (hereinafter “dimera”)

on June 20, 2006, B Co., Ltd. (hereinafter “B”)

(A) Research support facilities (SD-3, hereinafter referred to as “instant research facilities”) from among the research facilities (SD-3, hereinafter referred to as “instant research facilities”) of Seongbuk-si Development Project by participating as a member of the consortium B.

(2) On October 23, 2006, when entering into an investment agreement with a special purpose company to jointly participate in the application for the supply of land for a new project, the company agreed to engage in the management, operation, and disposal of the assets and the general affairs of the special purpose company upon entrustment by the special purpose company. (2) B, D company entered into an investment agreement with the special purpose company and established the defendant as a special purpose company on October 23, 2006, and DNA agreed to jointly engage in the financing of assets, management of assets, investment shares, early settlement of project costs, and operation of the asset management company. B designated the defendant as the largest investor, or participated in the overall business and was in charge of construction as a contractor.

B. On March 20, 2007, when entering into a sales agency contract with the Defendant for the instant research facilities from the date of entering into the contract for the sales agency contract to the date of completion of the sale of the object (hereinafter “instant sales agency contract”), DNA takes charge of the management of the said research facilities, such as disposal, lease, advertisement, public relations, etc. upon the Defendant’s entrustment, and in any case, the conclusion of the sales contract must be directly entered into with the Defendant or the Defendant’s agent (the buyer) and the parties to the contract on the terms of the contract.

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