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(영문) 서울중앙지방법원 2019.04.04 2018가합523995
계약금반환 등
Text

1. The Defendant’s KRW 580,000,000 as well as 5% per annum from May 1, 2008 to April 25, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 15, 2007, the Plaintiff entered into a transfer contract (hereinafter “instant transfer contract”) with the Defendant with respect to the E-built multi-family housing construction business (hereinafter “instant business”) that the Defendant runs with respect to the area of 27,778 square meters in Chungcheongnam-si.

In concluding a contract for the transfer and acquisition of real estate development projects and housing project rights, the transferor Defendant (hereinafter referred to as “A”) and the transferee Plaintiff (hereinafter referred to as “B”) shall enter into a contract in good faith as follows:

- - The purpose of Section 1 (Purpose) is to provide for the roles, responsibilities, and other necessary proposals in conjunction with Gap and Eul to support the transfer and acquisition of real estate and housing business rights, including the purchase of land for the project in question, so that Eul can facilitate the implementation of the real estate development project and housing project.

Article 2 (Indication of Real Estate Development Project Names and Real Estate subject to Transfer or Acquisition of Housing Project Rights)

1. Project name: A new project for E-family housing;

2. Location: D D in the south-si; and

3. Area of 27,778 square meters (8,405 square meters) (8,405.0 square meters)

1. Roles A

(a) A shall transfer all business rights to B;

(b)A will enter into a contract in the name of Section B of this Agreement for the real estate specified in Article 2 of this Agreement.

(c) A shall make sure that B purchases not more than 86 billion won in total purchase amount of the relevant project site.

(including state-owned public land).

A shall conclude a contract for the whole real estate of the project site indicated in Article 2 in order to ensure that the project is carried out by B.

(e) A shall use the land purchase funds deposited by B for the remaining land purchase, and pay them by account transfer to the remaining land owners on a temporary basis.

2. Roles of B;

(a) Eul shall have Gap deposit funds necessary to carry out the remaining land purchase business in the relevant project site in a financial right (bank).

Deposit shall be KRW 9 billion.

(b).

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