바카라 사이트 디시

1. Case summary

① Who did Barun Law represent? Our attorneys (specifically, Byon Sang-yup, Kang Tae-hun, Woo Hyun-soo and Seo Ho-seok) represented a petitioner and creditor Changwon Atium City.

② Case background

The project to develop a cultural complex town in Changwon (a/k/a Changwon SM Town) was initiated by the former mayor of Changwon city, An Sang-su (the “Project”). The Project was intended to invite SM Entertainment to vitalize culture, including K-POP and tourism business in Changwon. After retirement of the former mayor, the Project lost the development momentum as the local government was subject to audit and inspection due to allegations of special treatment for certain investors. Despite several hardships, the 바카라 사이트 디시 of a building consisting of Changwon SM Town was completed in or around April 2021. However, the building was not able to open due to conflicts between Changwon and SM Entertainment. The city government notified that it would terminate the agreement with SM Entertainment on the basis of the project owner’s fault (i.e., failure to fully prepare operational facilities in Changwon SM Town), in or around March 2022.

③ Issues

Changwon SM Town was a building of which approval for use under the relevant 바카라 사이트 디시 act was completely obtained. However, the Changwon city government refused to confirm 바카라 사이트 디시 completion and to allow the project owner to take a procedure to transfer part of the project site to the government for free for the reason of lack of certain facilities, which could be different depending on merchandising on several floors of the building. The main issues in this case were whether the project owner Changwon Atium City had fully performed its obligations under the agreement; otherwise, whether the alleged failure to perform the obligations should be regarded as a fault for which the project owner was liable; and further whether there was a necessity to preserve the project owner’s rights by accepting the application for interim injunction to suspend the effect of the termination of the agreement.


2. Decision

Issuing an order to suspend the effect of the termination of the agreement, which was alleged by Changwon, the Changwon District Court accepted all the claims filed by the petitioner and ruled that the order be published in an appropriate manner.


3. Basis

The court determined that it was hard for it to see that Chang Atium City was liable for the alleged lack of certain operational facilities for the following reasons: the plan prepared by the Operation Committee of Changwon was just a recommendation and was not legally binding; the project owner was willing to complete the preparation of the lacked facilities; and the project owner’s alleged liability for the facilities was not sufficiently substantiated. In relation to the necessity to preserve the project owner’s right to the Project, the court determined that if the agreement was finally terminated as being notified by the local government, the project owner would be inflicted enormous damage and it would suffer significant, irreparable damage from potential lawsuits.


4. Our argument and role

It is uncommon for courts to accept an application filed to suspend the termination effect of an agreement. We emphasized that the citizens of Changwon would sustain damage if the building of which 바카라 사이트 디시 had been already completed could not open due to the competent agency’s unreasonable acts. We also organized the vast amount of materials to substantiate that Changwon Atium City had had lots of trouble in promoting the Project due to the several year long audit and inspection of irregularities involved by Changwon. We explained that the project owner had successfully completed the 바카라 사이트 디시 of Changwon SM town and was preparing to commence business operations despite such difficulties as described above. Finally, the court found our arguments as made by us, and accepted all the claims made by our client.


5. Implication

The Project was a public project designed to contribute to public interests with proceeds from the development of real estate. Unlike other public projects that fail even before 바카라 사이트 디시 gets started, the Project was proceeded to the stage of 바카라 사이트 디시 completion and starting business operations. If the termination of the agreement becomes effective as intended by Changwon, the building which cost as much as KRW120 billion cannot open. The court’s decision helps the cultural facility to open and prevents the project owner from sustaining loss of the performance deposit. This case is expected to set a precedent for the successful completion of a project that combines a public-typed private investment project with a non-profitable cultural facility.


□ Attorneys in charge: Byon Sang-yup, Kang Tae-hun, Woo Hyun-soo and Seo Ho-seok