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(영문) 광주고등법원 2019.01.11 2018나22854
계약존재확인의 소
Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. 1) The Defendant entered into a business agreement from around 2014 to the business site of this case (hereinafter “instant project site”).

(C) The “C Rural Recreation Complex Development Project” (hereinafter “instant development project”) to create a rural resort complex.

(2) On February 25, 2015, while promoting the instant development project, the Plaintiff, D, E, F, and G participated in the said public offering by organizing a consortium with the Plaintiff as the main agent (hereinafter “Plaintiff consortium”), and the Defendant selected the Plaintiff consortium as the private business entity to promote the instant development project around June 2015.

3) For the implementation of the instant development project on February 26, 2016, the Defendant and the Plaintiff consortium enter into a project agreement with the following contents (hereinafter “instant project agreement”).

Article 3 (Business Contents and Subject Matters) (1) The Project is a project to expand and redevelopment a complex equipped with accommodation, commercial facilities, sports and amusement facilities, recreational facilities, public convenience facilities, etc., by utilizing existing HH resort complex located at B at the time of Jinjin-si, and surrounding farmland and reservoirs, and the main contents are as follows:

1. Area subject to business: approximately KRW 340.0ha of Siljin-si;

2. Project period: Article 4 (Method of promoting Projects) (1) The project site provided by the Corporation (referring to the defendant; hereinafter the same shall apply) within the scope of the relevant Acts and subordinate statutes and regulations shall be purchased and leased by the project operator and implemented by directly or by entrustment, from the date of conclusion of the project agreement, to the date of completion of the project indicated in the project plan presented by the project operator (referring to the Plaintiff consortium; hereinafter the same shall apply);

(2) This Convention shall apply to facilities constructed in the leased site constructed by a project operator and the right to operate such facilities at the end of the period of land use.

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