logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.08.21 2018가합46335
시행권반환청구의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, as a representative enterprise of the C development project (hereinafter “instant project”), has been implementing the said project, including obtaining a public notice of approval for the plan of the said project from Changwon-si on December 3, 2015, along with the Note D, E, (State)F, (State), (State), H, I, and (State)J, and K.

B. On June 28, 2017, the Plaintiff entered into an agreement to transfer the representative company status of the instant business to the Defendant or to the person designated by the Defendant (hereinafter “instant agreement”). The main contents are as follows.

With respect to the instant project of the Young-gu Lilwon, Chang-gu, Chang-gu, Chang-do, Chang-do, the Defendant shall modify the representative company and conduct the project in order to take part in the project by succession from the Plaintiff as follows, and the parties to the agreement shall faithfully implement the above agreement in accordance with the principle of good faith:

Article 1. The purpose of the Convention is to set the respective duties and roles between the defendant and the plaintiff in accordance with the principles of trust and good faith in changing the duties and location of the plaintiff, a representative enterprise of the project in this case, to the defendant, and to ensure the successful performance of the project in this case.

Article 2 (Business Outline) Business Method: The actual user directly development method / The plaintiff of a representative enterprise 5 Other matters: The defendant shall organize a business corporation in response to the request of the person, the permitting authority, and the financial authority, and continue to perform the affairs that the plaintiff has continued as a representative enterprise.

P.After withdrawal of the F Loan, the project should proceed by specifying the representative company as requested by the defendant or the defendant financial institution.

The roles and obligations of Article 3 and the parties to the instant Convention are as follows:

(1) Roles and duties of the defendant

1. PF-related business to raise project costs;

2. Recruitment and change of occupant enterprises;

3. Selection of a contractor;

4. Alteration of authorization, permission and its accessory.

arrow