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(영문) 부산지방법원 2020.07.01 2018가합47970
약정금
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) The Plaintiff is a corporation established on March 3, 2006 to engage in housing construction business, sales agency business, etc., and the Defendant is a corporate bond company C (hereinafter “C”).

(D) The representative director and the corporation D (hereinafter “D”)

2) D is a corporation that has carried out a business of constructing and selling apartment units on the ground of the E large scale 29,333 square meters (hereinafter “instant project site”) in Jinhae-si (hereinafter “instant project site”).

3) A Co., Ltd. (the plaintiff and the corporation number are different.

A) A corporation was established on May 16, 2003 as F Co., Ltd. in order to engage in housing construction business, sales agency business, etc., and the trade name was changed to G Co., Ltd. on March 2, 2004 and A on October 27, 2005, respectively, and was dissolved pursuant to Article 520-2(1) of the Commercial Act on December 5, 201 (hereinafter referred to as “G for convenience”).

A) The Plaintiff’s representative director, from March 2, 2004 to December 5, 201, H served as G’s representative director. B. The Plaintiff’s progress of the business and the conclusion of an agreement with the Defendant 1) I Co., Ltd. (hereinafter “I”) concluded a sales contract with the Korea Land and Housing Corporation and the instant project site at KRW 10,120,00,000 on July 21, 1995 for the execution of the instant project, and thereafter, paid the full amount of the said purchase price to the Korea Land Development Corporation.

2) In the event that I did not complete the registration of ownership transfer with respect to the instant project site, management conditions have deteriorated, and I’s creditors have seized claims and executed provisional seizure against I’s claim for the registration of ownership transfer with respect to the instant project site (hereinafter “instant provisional seizure, etc.”).

(3) G was determined as KRW 16,00,000,000 on August 22, 2005 with respect to the instant project site and I as to the instant project site, and G was the individual creditor against I as to the instant project site.

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