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(영문) 대전고등법원 2019.05.08 2018나14418 (1)

건축허가명의변경절차이행

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. The request for intervention by an independent party shall be rejected;

4...

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) obtained approval of the housing construction project plan listed in the attached Table (hereinafter “instant project”) that newly constructs three apartment units on the ground from the Si of Boan-si in 1999 on the land outside of 1,881 square meters and 9 lots (hereinafter “instant land”) from the Si of Boan-si in 1999.

B. On November 22, 2002, C entered into a contract to transfer the instant business business right (hereinafter “instant business right”) to G Co., Ltd. (hereinafter “I”) operated by F to G Co., Ltd. (hereinafter “C”) for KRW 1.3 billion on April 3, 2002, respectively, and to G Co., Ltd. on August 1, 2003; hereinafter “I”).

(hereinafter “instant I acquisition agreement”). The main contents are as follows:

§ 2.(Transfers and acquisitions)

(a)be 1.3 billion won;

(b) the project implementation right and the current structural process; (b)

The land price for the project site is the responsibility of I.

Article 3 (Methods of Payment of Transfer and Acquisition Price)

(a)The cost of land in the project site shall be repaid on the responsibility of I;

B. I is responsible for obtaining a loan to the RI by repaying and repaying the current overdue interest and the interest incurred after the contract to the RI.

(c)payment of 20 million won in agreed amount;

I shall pay 1,280,000 won for transfer, acquisition by transfer, 1,280,000 won in one time (38,000), two times (30,000), three times (300,000), and four times (30,000) after the progress of the project.

(The date of payment shall be fixed after the consultation on financial rights). Article 6 (Change of Enforcement Date) C shall change the construction work so that I can execute the construction work, and the change of Enforcement Date shall be changed after the full payment of the purchase price for the project is made.

Provided, That when it is necessary for the I to change the executive history in the financial authority, C shall change the executive history to the I, but C shall be registered with the I company as a temporary representative director, and it shall be registered with the I company as a temporary representative director in accordance with Article 3(d).