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(영문) 부산지방법원 2017.01.12 2015가합47948

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

A. The Defendant, from around 2003, entered into a contract for transfer and takeover of business rights between the Defendant and the Co., Ltd., and the rescission of contract for transfer and takeover of business rights, the Defendant is from around 2003 to 40,303.70m2 (hereinafter “instant site”).

(2) A new construction project in the manner of a regional housing association (hereinafter referred to as the “instant project”).

Around December 2012, 2012, when the Defendant suffered difficulties due to the shortage of funds, the right to consent to establish an association, etc. (hereinafter referred to as the “project right of this case”) received from C in relation to all rights related to the project from C, namely, the right to purchase the land acquired by the Defendant, from the land owner.

(2) On December 27, 2012, the Plaintiff concluded a contract for transfer and takeover of business rights with a multi-water comprehensive construction company recommended by C and C (hereinafter “multi-water comprehensive construction company”) to transfer the said business rights in KRW 15 billion.

3) According to the above contract, when the defendant purchases more than 80% of the land in this case or completes the work for which the owner's consent to establish the association (so-called land work), the multi-water case should pay KRW 500 million out of the acquisition price to the defendant. The defendant claimed the payment of KRW 500 million on the ground that the above land work was completed, and the multi-water case only paid KRW 90 million on April 5, 2013, and did not pay the remainder of KRW 410 million, and the defendant cancelled the above contract on the ground that the above contract was terminated. (B) After the contract was concluded with the plaintiff and the defendant, C established the plaintiff on June 3, 2013 (the representative director D of the plaintiff) and promoted the acquisition of the business right in this case.

Article 4 (Method of Implementing Business) (1) of the Business License Transfer Agreement (Evidence A) shall be based on the following day at the time of completion of land work with at least 80% of the project site.

(2) The Defendant is qualified as a member of a regional housing association under the Housing Act among the landowners in the project site.

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