beta
(영문) 전주지방법원군산지원 2017.09.12 2016가단7253

약정금등

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The following facts may be acknowledged as either of the parties to a dispute or as a whole by taking into account the respective descriptions of Gap evidence Nos. 1, 3, 8, 12, and 28 (including branch numbers), and the whole purport of pleadings:

The Plaintiff’s Claim B Co., Ltd. (hereinafter “B”) with respect to Company B (hereinafter “instant apartment project”) was engaged in the business of newly constructing and selling apartment units on the land outside C and 52 parcels of land in Gunsan City (hereinafter “instant apartment project”). The Plaintiff entered into a real estate consulting contract with B and provided services, such as purchase of land necessary for the instant apartment project.

The plaintiff filed a lawsuit against B in relation to the above service, and between the plaintiff and B on August 25, 2008, and the plaintiff and B on October 25, 2008, and "B" shall be paid to the plaintiff 50,000,000 won until October 25, 2008, and if the time limit is exceeded, the remaining money shall be paid in addition to 20% interest per annum from the next day to the day of full payment."

[B] On December 3, 2008, the transfer of the apartment project right of this case transferred the apartment project right of this case to D Co., Ltd. (hereinafter “D”) on December 3, 2008, and D transferred the above business right to the Defendant on November 12, 2009, and each of the above business rights transfer and acquisition contracts (hereinafter “each of the contracts of this case”) exist under the following provisions.

Article 4 (Subject Matter of Transfer or Acquisition)

(a) An object (1) A transferor shall transfer the ownership of a project site related to the implementation of a new apartment construction project in the Gun/Si of Yongsan-si, and an apartment project right related to the construction project at the site, and the transferee shall achieve the purpose of the project by transfer