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(영문) 서울고등법원 2015.04.02 2014나30911
상업시설우선인수권 등 확인
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. 1) The Plaintiff entered into a consortium agreement on September 3, 2007 (hereinafter “instant project”) with the downtown Complex Development Project in the Seongbuknam School Housing Site Development Project District implemented by the Korea Land and Housing Corporation on September 3, 2007

) 15 members, such as the Korea Local Administration Mutual Aid Association to participate (hereinafter both the Plaintiff and the two, referred to as “private investors”).

(ii)A consortium consisting of an investment company, a corporation, and a financial company (hereinafter referred to as “instant consortium”).

(2) A private business operator’s agreement is organized and the basic agreement on the consortium (hereinafter “instant agreement”).

(2) According to the instant consortium agreement, the instant consortium established a project financial investment company (hereinafter referred to as “SPC”) for each equity share (hereinafter referred to as “SPC”) after establishing a project financial investment company for each equity share (hereinafter referred to as “SPC”), and establishing SPC (hereinafter referred to as “AMFC”) after investing shares in shares among its members (Article 3(2)), and the Plaintiff, as an investment company, as an investment company, established a project financial investment company for each equity share (hereinafter referred to as “SPC”). (Article 3(2).

(Article IV, paragraph 6, or 6). (b)

Upon the conclusion of the business agreement, the instant consortium prepared a business plan in accordance with the instant consortium agreement, and submitted it to the Korea Land and Housing Corporation to determine the private business entity of the instant project. On October 31, 2007, the consortium concluded a business agreement with the Korea Land and Housing Corporation for the instant project (hereinafter “instant business agreement”).

The main contents of the project agreement of this case are as follows.

Article 5 (Establishment of Companies, etc.) "A" and "B" shall establish the "SPC (PFV)" and "AMC" within December 31, 2007 for the implementation of the project.

Provided, That "A" and "B" shall be included.

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