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1. On May 2, 2014, the Defendant received on May 2, 201 from the Changwon District Court for each real estate listed in the attached list to the Plaintiff.
Reasons
1. Facts of recognition;
A. On May 2, 2014, while the Plaintiff promoted a project to create an industrial complex (hereinafter “instant project”) on each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “each of the instant real estate”), the Plaintiff entered into a contract for transfer or acquisition of a corporation, including transfer of the instant real estate, with the Defendant who seeks to promote the instant project by acquiring shares and assets from the Plaintiff (hereinafter “instant project”). The key contents are as follows.
Plaintiff
The Plaintiff’s representative director C may be seen as referring only C to “A” according to the written transfer contract of this case. However, in the part “A” under the transfer contract of this case, the seal affixed to the Plaintiff and C’s name is affixed.
Defendant “B”
Article 1 Sales Price shall be determined as KRW 00 million and three shares of shareholders shall be transferred or taken over.
Article 2 Sales Price shall be the following:
1. Down Payment: KRW 300,000 shall be paid at the time of contract.
2. Balance: A daily sum of KRW 10 billion shall be paid within three months from the date of permission for the intended business.
Article 5 "B" shall enter into a related design service contract necessary for an application for permission within ten days from the contract date, and implement the procedure prescribed in the "Special Act on the Simplification of Authorization and Permission Procedures for Industrial Complexes", and the total required period shall not exceed 12 months from the contract date.
Article 6 Application for Authorization and License for Business Purposes shall be made in the name of the Plaintiff, but the Plaintiff and the Plaintiff’s real estate shall be transferred to “B” after the remainder payment
Article 7 due to the locational circumstances of "A" and "B" shall terminate this contract without mutual terms and conditions, and "A" shall return the down payment within 12 months, and the down payment shall be set up in the name of the person designated by "B" in the corporate property until the down payment is returned.
Article 10 (1).