(영문) 부산지방법원 2015.09.02 2014가합16978

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(영문) 부산지방법원 2015.09.02 2014가합16978

손해배상(기) 등

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1. The plaintiff (Counterclaim defendant)'s main claim and the plaintiff's counterclaim are dismissed, respectively.

2. Of the costs of lawsuit.

Reasons

The principal lawsuit and counterclaim shall also be deemed to have been filed.

1. Basic facts

A. 1) A Co., Ltd. (1) from around 2011 to around 505.80 square meters on the land of the Dong-gu, Busan (hereinafter “instant building”) with nine floors of apartment and officetels (hereinafter “instant building”).

2) A new project (hereinafter referred to as “instant project”)

During the process, F temporarily suspended the said new construction due to the shortage of funds. 2) On February 7, 2013, F decided to take over the said corporation from D Co., Ltd. and carry out the instant project. On February 19, 2013, D Co., Ltd.’s trade name was changed to the Defendant, and F was registered as the Defendant’s internal director.

3. As to the site of the instant building on May 6, 2013, the Plaintiff entered into a sales contract with the Defendant with respect to the instant building newly built on June 30, 2013, as follows, and the Plaintiff entered into a sales contract with respect to the instant building, which was newly built on June 30, 2013, and the terms of the sales contract for the instant building site.

1. The purchase price of the building site of this case is KRW 1,177,916,440;

2. Date and method of payment - Loans of Korean banks: The interest before May 16, 2013 shall be borne by the defendant.

Method of payment: Succession to Loan Conditions - Amount of provisional seizure on the transfer of right to provisional registration: 477,916,440 won: The contents of a sales contract for the building of this case under a new construction of a sale certificate issued by the plaintiff or a cash payment condition

1. The defendant shall aim at ordering the plaintiff to transfer or acquire the assets under construction, and the incidental matters of this business right shall be stated as follows:

2. Scope of transfer and acquisition: The portion executed by June 30, 2013;

3. Price for the master plan of assets under construction and for the method of payment thereof 1,436,465,870 won, value-added tax 73,70,917 won): The payment shall be made to the following officetels and multi-family housing after the defendant completed the construction and completed:

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