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1. The plaintiff's lawsuit against defendant Suwon Construction Co., Ltd. and defendant M& Construction Co., Ltd. shall be dismissed in all.
Reasons
1. Presumed factual basis
A. Article 1 of the Arrangement between the Plaintiff and the Defendant fishing village fraternity: The purpose of this Arrangement is to enter into an agreement with the Plaintiff’s representative C (hereinafter “A”) and Defendant fishing village fraternity D (hereinafter “B”) on matters necessary for the efficient implementation of the agreement and arrangement with respect to the profit-making business (the current status of reclamation plan) of the Defendant fishing village fraternity in order to implement the business for reclamation of the Defendant fishing village fraternity.
Article 2:B:Completion completed reclamation, such as the consent and the current status of the reclamation project plan agreed by the “B”, and the total area excluding the road area shall be 10% of the shares in the ownership of the “B”.
Article 3:The expenses incurred in the registration of shares in the ownership of "B" shall be borne by "B" in accordance with Article 2.
Article 4:Permission for and the construction period for the profit-making business (the current status of reclamation plan) of “B” implemented by “A” shall be from October 13, 1999 to October 13, 2002.
Provided, That where "A" fails to implement the creation of a site according to the current status of reclamation projects implemented by "A" in the contract period, the agreement between "A" and "B" shall be null and void.
Article 5 Where the current status of the reclamation project plan implemented by A becomes a site creation due to reclamation, "A" shall be supplied to the place selected by "B" for 10% of the ownership shares of "B".
Article 6 "A" shall make best efforts to become commercial areas for the use of the site for reclamation in the current status of the reclamation project plan.
Article 7 The fishing village fraternity shall be fully responsible for civil petitions and other matters concerning profit-making business (the consent to reclamation and the agreement on reclamation).
Where a member of the fishing village fraternity raises an objection against the profit-making business of fishing village fraternities (a written agreement for reclamation, etc.) under Article 8, not only the deprivation of qualification for the fraternity members, but also the fraternity members who raise an objection shall be liable for the damages incurred by the corporation.
The defendant fishing village fraternity composed of members of the Jinwon-si, Jinwon-si B fishermen under the Agreement on October 20, 1999 between the plaintiff and the plaintiff.