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(영문) 대전지방법원천안지원 2015.01.16 2014가합3088

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. B Co., Ltd. (hereinafter “B”) obtained approval of a housing construction project plan for the purpose of supplying public rental apartments with 22,156 dong 6-dong 22,156 (hereinafter “instant housing construction project”) on the ground of 34,813m3m3 from the Asan City from the Asan City on December 1996, and has been running the instant housing construction project from that time.

B. B, as of September 19, 2008, between the Plaintiff and the Plaintiff who was the representative director B as of September 19, 2008, concluded a transfer contract with the effect that the entire housing construction right of this case is to be transferred to the Plaintiff (hereinafter “instant transfer contract”).

C. On February 1, 2010, B and the Plaintiff entered into a transfer contract with a new industry development company (hereinafter “new industry development company”) on the following grounds: (a) the construction of the instant housing construction project was suspended due to the nonperformance of new and old comprehensive construction; (b) due to the financial difficulties in B; and (c) the auction of the said project site and building on the said land and building was commenced; (d) B and the Plaintiff entered into a transfer contract with a new industry development company (hereinafter “new industry development company”); and (e) to transfer the instant housing construction project right to the new industry development; and (e) the main contents of the instant transfer contract are as follows.

A: The transferor: The transferee referred to as "A" and the transferee referred to as "B", and the transferee shall enter into a contract for transfer and takeover of the total stocks and business rights owned by the corporation A and the corporation B as follows.

Article 1 (Subject Matter of Transfer)

1. The total number of stocks owned by A and corporate body;

2. Ownership, authorization and permission, and business rights (written approval for housing business plan, and written approval for housing parcelling-out) for 2,156 households and places of business in the ASEAN-si.

3. As to the workplaces mentioned above 2. Section 4 above, all documents, etc. necessary for continuing the business of the said workplaces, such as the accounting books of the said workplaces, the list of field-related design documents, etc.

1. Transfer of stocks;