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(영문) 대전지방법원 천안지원 2018.08.08 2017가단105643
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) On November 7, 1997, Seoong Construction Co., Ltd., a total of 9,265 square meters of land size A and 15 square meters (hereinafter “the instant real estate”) from the Yanananan-si City, Yananan-si, a Yan-si.

(2) The construction project is newly constructed upon approval of the project plan for the housing construction project that constructs four rental apartments with a total of 214 households on the ground (hereinafter “new construction project”).

(2) On August 2, 199, the Plaintiff was awarded a successful bid of the instant real estate at the auction procedure for the instant real estate, and completed the registration of ownership transfer on December 10, 199, and obtained a modified approval for the housing construction project plan that changes the name of the project proprietor of the instant new construction from the Yananan City on December 26, 199 to the Plaintiff.

B. A transfer agreement between the Plaintiff and Hanin Construction Co., Ltd. 1) When the Plaintiff was in progress on December 2, 2000 when he was in the process of performing the new construction of this case, and the Plaintiff was in bankruptcy on December 2, 2000, Hanin Construction Co., Ltd. (hereinafter “Korea Hanin Construction”).

(2) The Plaintiff’s agreement on the transfer of business rights of the new construction project (hereinafter “instant agreement”) with the purport that “the Plaintiff shall transfer the business rights to the new construction project of the new construction project of the Republic of Korea to Korea, and the Korea Comprehensive Construction shall allocate 50% of its income to the Plaintiff upon completion of the new construction project of the instant case.”

2) On December 26, 2001, Korea-do comprehensive construction completed the registration of ownership transfer in the name of Korea-do comprehensive construction on January 17, 2002.

C. Han-man Construction Co., Ltd. (former trade name: EN General Construction Co., Ltd., Ltd., hereinafter referred to as “ordinary border”)

The Corporation shall be bound to receive the entire project rights of the new construction project of this case from the Hanin General Construction on August 27, 2003, and the new construction project of this case shall be transferred in the name of the ordinary border.

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