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(영문) 대구지방법원 2020.02.06 2019가합201925
위탁자지위 등 이전
Text

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

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

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “D”) was running a business that newly constructs multi-family housing (hereinafter “instant business”) in Gyeong-si E in Busan City (hereinafter “instant business”).

On the other hand, on January 9, 2017, Defendant B (hereinafter “Defendant B”) entered into a real estate sales contract and a contract for acquisition of business rights (hereinafter “this case’s acquisition of business rights”) with Defendant B to acquire the instant business rights from Defendant B, an investor of D and D (hereinafter “F”) as follows.

In relation to the instant business, the transferor D, transferee B and D’s investors, who have promoted the business, such as approval and permission business, in relation to the instant business, enter into a contract for acquisition of the instant business rights as follows.

Article 1 (Purpose) The instant contract for the acquisition of the instant business rights is aimed at promoting mutual benefit witnesses by comprehensively taking over the business plan, the authorization and permission business, and the business performance, which D has promoted in connection with the instant business, and by paying the agreed amount.

Article 2 (Waiver and Effect of Project Implementation Right) (1) D shall not exercise any right in relation to the instant project as well as in waiver of the instant project right at the same time with the seal of the contract seal, and shall transfer the instant project right to Defendant B.

(2) Defendant B shall pay the transfer amount under Article 5 of this Agreement in accordance with the terms and conditions of the contract for transfer and takeover of the business of this case, and the same shall not apply to the violation.

Article 5 (Payment following Transfer of Business Right) (1) With respect to the acquisition of the business right of this case by Defendant B, Defendant B shall pay D the down payment and land-related expenses paid by D to the props in the project implementation district, the land-related expenses (land price), the design service expenses paid by D for the project of this case, and the operating expenses until the date of conclusion of the contract for the acquisition of the business right of this case.

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