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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. C Co., Ltd. (hereinafter “C”) was a company engaging in real estate sale and purchase business, sales business, etc., and tried to develop and sell approximately approximately 119,040 square meters and twenty-seven parcels (hereinafter “instant site”) from the Gyeonggi-si F, Gyeonggi-do, as an electric housing complex and tourism and resort site.
B. Accordingly, on July 17, 2001, C entered into a “branch-based joint business contract” (hereinafter “instant agreement”) with the Defendant, the owner of the above FF and 16 parcels (No. 116,877 square meters) in the instant project site, as follows.
Article 1 (Purpose) The defendant provides the defendant with the land not less than F, 16, and 16, which is owned by the defendant, and C bears all of the business plan, design, authorization and permission expenses, and construction expenses incidental to the project implementation after being provided with the land provided by the defendant, and the defendant and C jointly develop the electric house and tourism and recreation area.
Article 2(1) The Defendant’s ownership: The Defendant’s ownership of 386,373 square meters (including electric field, paddy field, etc.) and 16 lots (including field, paddy field, etc.) / Quasi-Agricultural and Forestry Areas: 386,373 square meters (around 116,877 square meters): The entire site of 7,150 square meters (including electric field, paddy field, etc.) and 10 square meters (around 2,163 square meters): The Gyeonggi-si and the total site of 27 square meters: F. 119,040 square meters (around 2,163 square meters): the Defendant provided C with written consent to the use of land necessary for the authorization and permission, and all other documents necessary for the sale of land, including power of delegation, etc. / Quasi-Agricultural and Forestry Areas: C shall be subject to reduction of the amount of land to KRW 400,000,700, 4000, 74000 square meters (3 square meters).