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(영문) 대전지방법원 2018.05.30 2017가합105245

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On July 11, 2011, the Plaintiff entered into a contract with C Co., Ltd. (hereinafter “C”) to purchase KRW 18,000,000,00 of the Daejeon Seodong-gu Daejeon (hereinafter “instant land”). On May 10, 2012, the Plaintiff entered into a business agreement with C to submit the commencement period for construction works to C by August 4, 201 after obtaining a building permit under the name of C for the construction of sales facilities, cultural assembly facilities, etc. on the instant land.

On February 29, 2016, E, the representative director of the Plaintiff, jointly promoted the instant development project (hereinafter “I”) with F, Ltd. G, and H Co., Ltd. (hereinafter “Co., Ltd.”) on the instant land, and entered into a business agreement to establish the Defendant as a special purpose corporation for this purpose.

(hereinafter “instant business agreement”). On March 4, 2016, the Defendant established pursuant to the instant agreement, to purchase the instant land from C for KRW 18,00,000,000, and paid KRW 1,800,000 on the day of the second sale contract (hereinafter “the second sale contract”), and paid the remainder on June 20, 2016, and thereafter registered the ownership transfer of the instant land.

Around May 18, 2016, a written agreement on the transfer and acquisition of business rights (hereinafter “the agreement on the transfer and acquisition of business rights of this case”) stating that the Plaintiff would transfer the business rights of this case to the Defendant in KRW 1,000,000,000 was drafted as of March 4, 2016.

【In the absence of dispute, each entry of Gap's 2, 3, 4, Eul's evidence Nos. 1, 4, 5, 15 (including each number; hereinafter the same shall apply), and the plaintiff's assertion of the purport of the whole pleadings, since the first sale and purchase contract of this case, the plaintiff has disbursed considerable expenses for several years in continuous consultation with the persons concerned C in order to continue to promote the business of this case after the first sale and purchase contract of this case.