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(영문) 부산지방법원동부지원 2015.01.08 2013가합3223

사업주체명의변경

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 30, 2005, the Plaintiff entered into an agreement with the Defendant, who is the representative director, to perform the same business as that of the Plaintiff, on April 30, 2005, regarding the housing construction project (hereinafter “instant project”) around 9,462.54, Nam-gu, Busan and 223 lots of land, and thereafter, the Plaintiff entered into the same business performance agreement with the Defendant, which is the representative director. The main contents are as follows.

Article 1 (Details of Project Site)

1. Project site: Busan Southern-gu Seoul and 223 parcels;

2. Business site balance: Article 2 (Limits on Liability for Performance of Duties) 1 of the 9,462.54 square meters; and

1. “A” shall have the responsibility for a real estate sales contract entered into by “B (Plaintiffs, hereinafter the same shall apply)”.

2.The “B” shall actively cooperate in all support for the implementation of its work.

(2) The limit of duties and responsibilities of “B”;

1.The present project site shall be responsible for a 100% purchase contract and surrenderation.

2. The sale and purchase contract for the site shall be completed by at least 90 per cent of the project site area and shall be changed to the name of the purchaser required by “A” when paying the down payment.

3. 100 per cent of the contract shall be the completion date of its responsibility until the luxity.

4. It shall complete its responsibility for building, structure and removal works in the present project site;

Article 3 (Payment of Price for Sale of Real Estate)

1. The total amount of real estate sales on a project site shall be 42 billion won;

2. “B” shall submit to “A” all relevant documents, such as a project plan, site, building, road, state-owned and public land, and unauthorized permission, including the purchase price of the project site, and “A” shall refer to “A”.

3. “B” shall determine the total price of 42 billion won until a master plan, such as the sale and purchase of a total project site, is completed by 100%, and Article 9 shall apply if the remaining amount is due.

Article 4 (Time of Payment of Sales Price)

1. At least 90 per cent of the total site sales contract site, 10 per cent of the down payment shall be paid at the time of the contract, and at the time of completion of 100 per cent of the balance, 90 per cent of the Bank PF funds.