logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2021.03.24 2020가합541743
계약금반환 등 청구의 소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. Upon entering into a contract for the transfer of the instant business right between C and the Defendant, Nonparty C (hereinafter “C”) entered into a contract for the transfer of business rights with the content that the Defendant would deduct the price of the instant business site from the said acquisition price, and Nonparty F Co., Ltd. (hereinafter “F representative director”) guaranteed each of the obligation of the transferor and transferee of the instant business contracts and the instant building to be newly constructed under the said project, on August 2, 2018.

(2) On August 20, 2018, the Defendant entered into a PM service contract (hereinafter “instant PM service contract”) with F with the following content regarding the instant project.

Article 2 [Purpose of Contract] The purpose of this "PM contract" is to ensure the transfer of the business right of this case, secure the title of the site of the project, change of the construction design, fund raising, conclusion of the sales contract for neighboring commercial buildings, apartment houses (pentt -6 households) rental contract (pre-sale contract) etc., supply of business funds, securing of model voucher, apartment house sales contract, etc., to establish the rights and obligations among the parties and to complete the acquisition of the business right of this case and its business in good faith by the defendant in carrying out the business right of this case.

Article 4 [Rights and Duties]

1. The defendant's rights and obligations (1) The defendant faithfully performs the obligation to pay the transfer amount of the business rights to the transferor of the business rights, and thereby is both parties and project undertakers of the instant business rights.

arrow