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(영문) 대전지방법원 홍성지원 2018.08.23 2017가합1001
건축허가명의변경절차이행
Text

1. The defendant shall have the name of the project undertaker indicated in the attached list from the defendant to the plaintiff.

Reasons

1. Facts of recognition;

A. C (hereinafter “C”) at the time of 2002, approved the housing construction project plan indicated in the attached list (hereinafter “instant project”) that newly constructs three apartment units on the land outside of 1,881 square meters of E, Ma-si and 9 lots of land (hereinafter “instant land”). Around 2002, the construction was suspended under the construction of the 2nd floor aggregate construction project.

B. On November 22, 2002, C entered into a contract to transfer the instant business right (hereinafter “instant business right”) to G Co., Ltd. (hereinafter “I”) operated by F, Ltd. (hereinafter “C”) for KRW 1.3 billion in price, on April 3, 2002, changed the trade name to H, Co., Ltd. I and changed to the current trade name on August 1, 2003; hereinafter “I”).

(hereinafter “instant I acquisition agreement”). The main contents are as follows:

§ 2.(Transfers and acquisitions)

(a)be 1.3 billion won;

(b) the project implementation right and the current structural process; (b)

The land price for the project site is the responsibility of I.

Article 3 (Methods of Payment of Transfer and Acquisition Price)

(d) 1,280,000 Won for transfer, acquisition by transfer, 1,280,000 shall be extended to one time (38,000), two times (30,000), three times (300,000), and four times (300,00) after the progress of the construction.

(The date of payment shall be fixed after consultation on financial rights). Article 6 (Change of Enforcement Date) C shall change the construction to enable the I to execute the project, and the change shall be changed after the full payment of the purchase price for the project is made.

Provided, That if it is necessary for the change of the executor in the financial authority, C shall be replaced by the executor, but C shall be registered with the company of I as a temporary representative director, and C shall be paid in accordance with Article 3(d).

C. I could not obtain the approval for the change of the name of the project entity of this case in the future due to the lack of a housing construction business license at the time of 2002, and introduce C’s representative director D to I the defendant holding a housing construction business license, and C on March 19, 2003.

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