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(영문) 창원지방법원통영지원 2020.11.26 2020가합1680
양수금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Facts of recognition

On February 26, 2015, Defendant B Co., Ltd. (hereinafter “Defendant B”) acquired the ownership of D Dae-1,402 square meters (hereinafter “instant site”) and carried out a new commercial building construction project on the fifth fifth floor size above.

Defendant B was merged into the instant project site on August 2, 2018 with five parcels above, namely, D, E, F, G, and H, Gyeongnam-si in the project site of Defendant B.

The building on the ground and the building on the ground shall be transferred, and the defendant C shall take over the right to build commercial buildings in the defendant B.

Defendant B shall be entitled to full successors to the contract with Defendant C and the City Corporation (State) and the Construction of New Buildings.

Provided, That the amount of the transfer and takeover of land and business rights shall be KRW 4.2 billion ( KRW 4,200,000).

On August 4, 2017, Defendant B entered into a contract with Defendant B on the transfer of the instant project site, its ground building and commercial building construction right to Defendant C as follows.

The joint partner C and the joint partner J shall, in accordance with the principle of mutual trust and good faith, prepare and comply with the progress of the project related to the L&A implementation project as follows:

[Article 1] The parties agree to distribute profits to Defendant C at 60% and J at 40% of the total amount of money excluding loans, other debts, and taxes and public charges for the project site for the collection of principal and the payment of profits from the project site.

[Article 2] The new sale price of a sale right shall be sold at the same time by Defendant C and J.

[Article 3] An agreement that the sale of a L business site under the conditions of sale is a condition of succession to the above Articles 1 and 2.

Defendant C and J undertake to pay the amount of taxes and public charges incurred in selling the L Project Site (D, E, F, G, and H 5 parcels in the city of Gyeongnam-si) to Defendant C in the proportion of shares of Defendant C and J.

On August 4, 2017, the date when the above transfer contract was concluded, Defendant C and J entered into a partnership agreement on the new commercial building construction business as follows, and on the same day.

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