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(영문) 서울동부지방법원 2018.06.20 2016가합108388
약정금
Text

1. The Defendant (Counterclaim Plaintiff)

A. As to the Plaintiff’s Intervenor B’s 1,085,000,000 won and 1770,000,000 won.

Reasons

1. Basic facts

A. The Plaintiff is a company running a housing redevelopment project agency in Seongdong-gu Seoul Metropolitan Government G zone located in the F (hereinafter “instant project zone”). The Defendant is a company running a regional housing redevelopment project agency in the H zone adjacent to the instant project zone (hereinafter “H zone”), and is currently performing the same duties in the present project zone.

B. The Defendant entered into a service contract for the purchase of land in the instant project zone with I and J on February 26, 2015 to carry out redevelopment projects in the instant project zone while the H zone regional housing association project was almost at the same stage. 2) At the time of the instant project zone, the Plaintiff was promoting a housing redevelopment project. However, from around 2010, K which was requested by the Plaintiff to purchase land from the Plaintiff was prepared a land owner with a land sales contract, an urban management plan proposal, a written consent for the use of land, and a written consent for the residents’ joint proposal (hereinafter “land sales contract, etc.”).

Article 1 (Subject Matter of Transfer) A of the contract for transfer by a juristic person (the plaintiff) shall be as follows:

1. Total number of stocks owned by A and corporations;

2. Business rights and property rights owned by Party A (Sheet and asset list);

3. Business permission and licensed matters (such as permitted matters, etc.) owned by A;

4. The term "business right under the above two paragraphs means all the business rights carried out by Seongdong-gu Seoul Metropolitan Government from the date of transfer of Seongdong-gu G zone (17,329 square meters) to the date of transfer;

Article 2 (Transfer and Receipt Payments) The transfer and takeover proceeds shall be KRW 1,500,000.

Article 3 (Methods of Prohibition and Prohibition)

1. Eul shall pay 400,000,000 won to Gap as down payment at the time of concluding the contract, and Eul shall pay 1(4) and 4(2)18 at the same time as the down payment is received.

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