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(영문) 서울중앙지방법원 2015.07.03 2015가합506838
배당이의
Text

1. The lawsuit of this case is dismissed by the plaintiff (appointed party) and the plaintiffs.

2. The costs of lawsuit are assessed against the plaintiff (appointed party) and the plaintiff.

Reasons

1. Basic facts

A. The position of the parties and the rights of the parties 1) Seoul Metropolitan Government around January 2008 publicly announced a bid for a project to build a Grandmark building on two lots of 37,280 square meters in the housing site development zone in the housing site development zone in the vicinity of the World Cup stadium in Mapo-gu Seoul, Mapo-gu, Seoul. On or around January 2008, 2008, the bidding was publicly announced to build a Grandmark building on two lots of 37,280 square meters in the housing site development zone. On or around April 2008, 2008, it is deemed that the

(2) On March 23, 2009, the Seoul Grandmark consortium consisting of a number of construction companies, financial institutions, etc., including others, shall be selected as priority negotiation subjects, and on March 23, 2009, the above consortium and DMF project site trade agreements have been made and among them, the main contents concerning the establishment of a special purpose corporation and the conclusion of a contract for the sale of land are as follows: Article 5 (Establishment of Special Purpose Corporations) “B” (members of the above consortium) shall be within 30 days from the date of conclusion of this Convention for the implementation of the project (hereinafter referred to as

(i) a special purpose corporation (hereinafter referred to as “sick”) referred to in paragraph (1) below;

1. “B” shall be established with only the members of “B” as shareholders in order to develop the land for the purpose of “B” and “B” after the conclusion of this Convention, and the share ratio of “B” to “B” shall be the same as that of “B” in attached Table 1. However, “B” shall be subject to prior consultation with “B” for the purpose of the establishment of “B”, the articles of incorporation, the schedule for the establishment of a corporation, etc., and the main contents of the articles of incorporation shall be consistent with the objectives of DMF. Article 7 (Site Contract for the Conclusion of Site) ① enter into a sales contract for “B” established pursuant to Article 5 and for the objective land within seven days after the date of completion of the establishment registration of the special purpose corporation. ② The purchase price for the objective land shall be KRW 360 billion.2) The members of the above consortium shall be in accordance with the above sale and purchase agreement.

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