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(영문) 서울고등법원 2018.04.04 2017나2020386
소유권이전등기
Text

1. An exchange change in the trial and an additional plaintiff's claim is all dismissed.

2. The total cost of the lawsuit.

Reasons

1. Basic facts

A. On December 8, 2006, G Liber Co., Ltd. (hereinafter “G”) concluded an CA on several occasions on the grounds of changes in the term of validity of collaboration and changes in the term of validity of collaboration with “P” (hereinafter “CA”) with respect to the construction of H theme park in Korea.

(1) The main contents of the instant CA have the exclusive right to evaluate the possibility of P's realization of source facilities in Korea with respect to H theme park and the exclusive right to organize and negotiate local investors with respect to the relevant source facilities.

(2) The “P members” are F, E (hereinafter “E”), and D (hereinafter “D”). F is the representative director of D and E, and E is the single shareholder of D.

(hereinafter referred to as “D side” when combined with D, E, and F.

On the other hand, F proposed that L should carry out the above project together with L around early 2010, accepted L to participate in H theme park and its incidental development project from around that time, and during that process, L was drafted as of May 1, 2010 between LA, a representative director, and D and E respectively.

(The above Agreement provides that "O actively cooperates with H theme park and its incidental development projects and distributes 50% of the final residual profit)."

On September 1, 2011, GG, D, Defendant Gangwon-do, and Korea Investment Securities Co., Ltd., Ltd., the main purpose of which is to invest approximately KRW 5,68.3 billion in a complex cooking development project, such as Hme park, tourist facilities, commercial facilities, and residential facilities, on the ground of approximately KRW 1,32,00 square meters in Chuncheon-si and Jdong-dong, and to establish a special purpose corporation in order to maximize the funding and mutual benefits necessary for the said development project.

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