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(영문) 부산지방법원 2018.08.21 2016가단304542
양수도대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a company running the housing and building construction business, etc., and the defendant is a company running the housing construction business, the housing site preparation business, etc.

On the other hand, B Co., Ltd. (hereinafter “B”) and D Co., Ltd. (hereinafter “D”) are both companies running a housing construction business, etc.

B. (i) From around 2005, D has been engaged in the construction of apartment houses and ancillary and welfare facilities (hereinafter “instant project”). From June 2009 to June 53, 2009, after having experienced difficulties in the project, D was bound by D’s representative, the Plaintiff was the project undertaker of the instant project solely.

B. On May 31, 2015, the Plaintiff, as the sole entity of the instant project, proceeded with the instant project under the name of the construction business entity B. On behalf of B, the Plaintiff drafted a written agreement on transfer and takeover of business rights (hereinafter “instant agreement”) that transfers the instant project to the Defendant as follows:

- Article 2 of the Agreement - (1) - F land in which a purchaser is a buyer of Party A (hereinafter referring to the Defendant; hereinafter the same shall apply) and a separate sales contract (sale price of KRW 800 million), including buildings not registered on the ground, and (2) In-house director B who is a person with a provisional registration.

Added Agreement (2,290,00,000) with Division (2,290,00) was entered into, and <3> the project undertaker of the said Housing Construction Project was changed from B to CM Co., Ltd. (hereinafter referred to as “A”), the separate sale and purchase contract (8,10,000,000 won for sale) with B Co., Ltd. as the purchaser of I and J buildings; <5,000,000,000 won for non-existence of buildings outside 53 parcels, and <5,000,000,000,000,000 won for transfer and takeover of business rights, and 5,000 won for non-existence of buildings outside 53 parcels, and

- Article 3 of the Agreement - 1 F land and buildings not registered on the ground.

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