logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원동부지원 2017.09.01 2017가합178
매매대금반환
Text

1. Defendant B’s KRW 50,000,000 per annum for the Plaintiff and 5% per annum from February 17, 2017 to September 1, 2017.

Reasons

1. Facts of recognition;

A. D Co., Ltd. (hereinafter “D”) changed its trade name to E Co., Ltd. on August 4, 2016; hereinafter “D”) was a company established on August 14, 2014 for real estate development business, sale business, and lease business. In order to conduct apartment joint construction business (hereinafter “instant new construction business”) on the land allotted by the authorities in recompense for development outlay-si (12696mm2, 12696m2) in Gwangjuyang-si (hereinafter “instant new construction business”).

B. On May 27, 2016, D entered into a contract to transfer all matters related to the instant new construction project to the Bank of Korea (hereinafter “B”) and Defendant B (hereinafter “instant contract for transfer of business rights”). The main contents are as follows.

Article 2 [Succession to Rights] A (D. hereinafter the same shall apply) shall transfer all rights related to the joint construction of apartments in the F G G project land allotted by the F G project at the time of light development of the contract as set out above to B (the right to termination of the contract and B; hereinafter the same shall apply).

In addition, A may not exercise any authority over all the matters such as the above transferred project and the construction deliberation carried out, and all the powers shall be vested in B, and B shall actively cooperate in the matters requested by B.

H A Architectural Design Office and D shall succeed to the design contract with D as it is, and the payment key shall be the cost (design cost) incurred.

C. On July 25, 2016, D entered into a contract for the acquisition of a corporation with Defendant B (hereinafter “instant contract for the transfer of a corporation”). At the end of the instant contract for the transfer of a corporation, D had the Plaintiff’s seal affixed to D and the representative director at the time of the transfer.

[Article 2] The total amount of shares and corporate rights, and all amounts of transfer of business rights under this Agreement shall be KRW 5,00,000,000, and Eul (B; hereinafter the same shall apply) shall be transferred to Gap (D and A; hereinafter the same shall apply) from the date of payment of these money.

[Liability and Obligation] The acquisition by transfer of this corporation is also a contract.

arrow