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(영문) 서울중앙지방법원 2020.02.19 2018가합551266
명의변경 및 확인소송
Text

1. Of the primary claims, on July 2018, the approval for change of the housing construction project as indicated in the separate sheet among the Defendants.

Reasons

1. Basic facts

A. On April 14, 2003, Defendant B Co., Ltd. (hereinafter “Defendant B”) obtained approval of the housing construction project (hereinafter “instant multi-family housing construction project”) as to the apartment housing of 63 members of the Gu, Si, Gu, U.S. (hereinafter “instant multi-family housing”) from the Gu, U.S. market.

B. On September 28, 2017, E, the Plaintiff’s representative director and one shareholder, concluded a corporate acquisition agreement with F, the joint representative director of Defendant B, and Defendant B as joint and several surety, with the following content (hereinafter “instant corporate acquisition agreement”).

Article 1. Juristic Person [Name of Juristic Person] Plaintiff [Real Transfer Property]

1. Successful bid right (tender deposit amount of KRW 221,830,000) in the Daegu District Court of the Daegu District Court;

2. The status and rights (a part of the contract amount and remainder 100,000,000 won) as a transferee under the acquisition agreement, such as the acquisition agreement concluded on June 30, 2017 between the Plaintiff and the joint and several sureties (the instant construction business right of multi-family housing) / [liability]

1. Principal of H 21,830,000 won and profits of the representative creditor;

2. The method and date of payment under Article 3 of the acquisition price of KRW 100,00,000 and the acquisition price of KRW 64,000,000 and earnings under Article 2 of the Income Tax Act (1) shall be KRW 32,000,000,000 and the F shall be paid until October 18, 2017, and 221,830,000 out of the down payment shall be paid to H of the representative creditor under Article 1, and the remainder of KRW 98,170,00 shall be paid to E, respectively;

② The remainder of KRW 320 million shall be paid by F on November 28, 2017 and on the first day after the date of the payment of the remainder of the proceeds from the sale of the auction case G auction case G auction case for the Daegu District Court, Daegu District Court, whichever comes earlier, and KRW 220 million out of the remainder shall be paid to the representative creditor H and KRW 100 million to the representative creditor E, respectively.

(3) In cases where F violates paragraph (1) or (2), this contract shall be automatically terminated without any peremptory notice, and the joint and several sureties shall transfer the contract amount [the construction business right of the instant multi-family housing] to the Plaintiff without compensation, and any down payment which was paid pursuant to paragraph (1) shall be confiscated

(c)F;

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