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1. The plaintiff's lawsuit against the defendant B shall be dismissed.
2. The plaintiff's claim against the defendant C is dismissed.
3...
Reasons
1. Basic facts
A. Nonparty E’s hot spring business progress and Plaintiff Company’s establishment 1) Nonparty E received investment from Nonparty G, etc. in order to conduct hot spring development projects from around 1990 to around 190, and purchased the said land, and Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”).
2) The hot spring project was carried out by establishing a hot spring project (hereinafter “the hot spring project of this case”).
2) Around 192, E did not undertake a follow-up business (public bath and lodging business) by: (a) discovered hot spring in H and I; (b) discovered hot spring in H and I; and (c) acquired land ownership in the name of the Defendant Company or in the name of J and K, etc., who was in charge of the executives of the Defendant Company; and (d) failed to secure the necessary project site even if he received investment money of at least KRW 500 million from G for about five years thereafter, even if he received investment money of at least KRW 50 million from G.
3) Around August 18, 1997, E and G newly established the Plaintiff Company and jointly established the Plaintiff Company, and entered into a contract for the transfer of ownership of hot spring hole with the purport that the Defendant Company would transfer all of the instant real estate and four hot spring hole rights in H and I to the Plaintiff. In relation to this, the Plaintiff filed a lawsuit against the Defendant Company seeking confirmation and transfer of the ownership of the said hot spring hole, “the Defendant Company will deliver the said hot spring hole to the Plaintiff” (the Changwon District Court Decision 2001Ga603, Jul. 11, 2003; the Busan High Court Decision 2003Na989, Apr. 21, 2004; the Plaintiff High Court Decision 2003Na989, Jul. 31, 2004; and the Plaintiff’s real estate purchase of the instant hot spring hole and the instant land between the Defendant and the Plaintiff on July 31, 2004).