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(영문) 창원지방법원밀양지원 2010.02.18 2007가합698
대여금 등
Text

1. Of the instant lawsuits, Defendant Geum Chang Chang L&C Co., Ltd., Ltd., D, E, F, G, H, I, J, K, and K.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged by comprehensively taking into account the whole purport of the pleadings in each of the statements in Gap evidence 1-1 to 79, evidence 4-1 to 5, evidence 6-1, evidence 12-1, evidence 12-2, evidence 19-1 to 18, evidence 20, evidence 6, and evidence 10.

M Co., Ltd., the representative director of which was L, had been the M Co., Ltd., on January 1, 1991, built two O apartment units on the ground of three lots, including Gyeongnam-gun N, N, etc., and suspended construction due to financial difficulties. The representative director at the time of Q Co., Ltd. on October 193, 193, via Q Co., Ltd.

L. Q is referred to as “ Q.”

(B) Around August 1994, R, who was an investor, was appointed as the representative director of Q and continued to engage in the instant apartment construction project, but the said apartment construction project was re-funded again. Around August 2001, the project proprietor of the instant apartment construction project is the Defendant C (hereinafter “Defendant C”).

2) After the alteration, the construction of the instant apartment was completed by Defendant C (the approval of the use of the instant apartment on March 16, 2005).

(C) On the other hand, on April 14, 2001, before Defendant C transferred the instant apartment business right from Q, Defendant C and Q, the letter of mutual agreement execution (hereinafter “instant apartment business performance letter on April 14, 2001”).

The main contents are as follows. The object of transfer and acquisition are as follows: The object of transfer and acquisition are limited to those calculated by Q to transfer to C, in accordance with the details of attachment to assets and liabilities arising in connection with the construction of “O apartment” on the land of N, S, T, and U.S. A. The assets transferred by Q to Q to C are all the superficies and the outstanding amount of sale (as shown in the specifications attached thereto) of apartment buildings based on the attached building permit. Article 3 (Liabilities’s liabilities are transferred to C).

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