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(영문) 서울고등법원 2017.07.26 2016나2031204
손해배상 등 청구의 소
Text

1. The part of the judgment of the first instance against Plaintiff K among the judgment of the first instance shall be revoked, and the lawsuit against Plaintiff K shall be dismissed.

2. The remaining plaintiffs.

Reasons

1. Basic facts

A. BS’s acquisition of the license for reclamation of public waters and conclusion of the same business contract with BW from March 1960 to establish a company BV as a result of the implementation of the public waters reclamation project for the creation of a fish farm in the Seo-gu Incheon, Seo-gu and BU., and on October 25, 1963, BS applied for a license for reclamation of public waters with the Minister of Agriculture and Forestry on the information 1,425 of the Seo-gu Incheon, Seo-gu, Incheon, BU branch line 1,425 for fish farming purposes. 2) BS entered into a partnership agreement with B on February 21, 1964 with the above public waters reclamation license and created the fish farm and changed the name of BV representative to BW.

The main contents of the instant partnership agreement are as follows.

The construction work shall be undertaken under the mutual cooperation between BS and B in order to create a fish farm after obtaining a license to reclaim public waters submitted to the Ministry of Agriculture and Forestry under the name of the representative of BS.

Article 2 In implementing the preceding Article, BW shall bear all expenses incurred in obtaining relief grain and licenses, and shall be promoted with BS.

Article 3 After obtaining a license and completing the construction, the distribution of property rights shall have 350 information among 1,400 information and BW shall have the remaining 1,050 information.

However, among the 350 information possessed by BS, BY, and Z are responsible for the part of BX C, B, and B is responsible for the part applied for refugees (300 information as the principle of distribution).

Article 4 The order of sale in lots under the preceding Article shall have the right of distribution of BW with information of BW 300 and the remainder with information of BS 200.

Article 5 (BS) After completion with facilities and equipment for reclamation works, BW shall own 2/3 of the total amount.

Article 8 Distribution of Land shall be complete and distributed by means of distribution at the same time as the completion of construction.

Article 9. The distribution of at least 300 information on refugee distribution shall be 1/4 of the BS and 3/4 of the BW.

Article 10. Permission for Reclamation and the power of representation of fishery rights shall have BS, but shall be operated.

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