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(영문) 부산지방법원 2018.07.18 2017가합52586
약정금
Text

1. The Defendants jointly share KRW 600,000,000 to the Plaintiff and Defendant A Co., Ltd from April 21, 2017.

Reasons

Basic Facts

The plaintiff (hereinafter referred to as "A") and the defendant company (hereinafter referred to as "B") as the party to this contract agree to enter into an apartment project acquisition agreement (hereinafter referred to as "contract") with approximately 9,460 square meters (hereinafter referred to as "subject real estate") for the implementation of the apartment project with respect to the Busan Daegu Maritime Transportation Co., Ltd. (hereinafter referred to as "D"), and to implement it in good faith.

(1) (Purpose of this contract) (1) The purpose of this contract is to transfer the business rights to the D District in progress of Eul to Gap, to entrust Eul with the purchase of the objective real estate necessary for the implementation of the apartment construction project, and to prescribe matters concerning the overall business between Gap and Eul.

Article 3 (Scope of Business Right Transferability) B The scope of Business Right to be Transferred to A shall be as follows:

(1) Article 4 (Obligation A)(A) of the Act on the Business of the D District, in progress, shall carry out the following duties for the purpose of a smooth acquisition of the project: (a) Article 4(1)(a) of the Act on the Business of the D District, which is in progress:

(1) Article 5 (2) (1) of the Act on the Performance of the Contract and the Conclusion of Agreement on the entire site of real estate after paying the down payment, the purchaser of the sales contract on the entire site of real estate shall be changed to A pursuant to the contract on the acquisition of the transfer of the business right as follows.

(1) The transfer of business rights and the transfer of funds shall be paid as follows:

- The cost of acquiring the right of business shall be KRW 00 million per day, - KRW 300 million at the time of the contract, KRW 100 million at the time of the payment of the land contract - the payment of the intermediate payment at the time of the PF after the approval of the sale - the balance after the approval of the sale - the payment of KRW 300 billion at the time of the second intermediate payment under the approval of the sale -

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