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(영문) 청주지방법원 2015.01.07 2014가합502
주택건설사업 사업자명의변경
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On April 30, 2004, the Plaintiff and Defendant New Construction Co., Ltd. (1) are divided into and changed from Chungcheong-gun B, C, and D (E, B, and F; hereinafter “instant apartment site”).

The apartment of 49 households on the ground (hereinafter referred to as the “instant apartment”).

3) The Plaintiff’s housing construction project, the purpose of which is to construct, was to obtain approval (hereinafter “instant housing construction project right”) and to operate the instant housing construction project (hereinafter “instant project right”).

(2) On June 19, 2005, the Plaintiff: (a) on the instant housing construction project, Defendant New Construction, the contractor for the instant housing construction project, the instant business right, and the ownership of the instant apartment site; (b) on the part of Defendant New Construction, the Plaintiff entered into a transfer or acquisition agreement with the Plaintiff, under which the Plaintiff would pay KRW 335,00,000 to the transfer or acquisition price (hereinafter “instant transfer or acquisition agreement”); (c) on June 18, 2005, the Plaintiff completed the registration of ownership transfer on the instant apartment site to Defendant New Construction; and (d) on July 19, 2005, the Plaintiff obtained a modified approval for the alteration of the instant housing construction plan from the petitioner-gun to Defendant New Construction from the Plaintiff to the Plaintiff.

3) On June 30, 2005, Defendant New Construction issued a promissory note 100,000 won at face value, the due date for payment, 107,000,000 won at face value, 107,000,000 won at face value, and 1/16 of the due date for payment on January 16, 2006, and delivered to the Plaintiff respectively. However, on December 2, 2005, the said promissory note 2 was refused payment due to Defendant New Construction’s default on December 6, 2005, the Plaintiff sent the said notice of cancellation by mail (hereinafter “instant notice of cancellation”). The Plaintiff sent the notice of cancellation by mail at the time of December 3, 2005, including the Plaintiff’s declaration of cancellation of the instant one transfer contract to Defendant New Construction.

B. The plaintiff and the defendant.

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