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(영문) 부산지방법원 2020.01.09 2018가합46205
매매대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a juristic person established for the purpose of chartered passenger transport business, etc., and the Defendant is an association established for the purpose of promoting the welfare of its members through business such as chartered bus transport business.

The transferor of a contract for the transfer and acquisition of the entire business right: The transferee of the business right for a chartered bus: Article 2 of the whole business right for a chartered bus is to be transferred to the defendant: The whole business right for a chartered bus shall be transferred to 11 domestic travel business of the transferor, and only the motor vehicle shall be sold, but only the motor vehicle shall be sold, due to the restriction of the law, the motor vehicle price of the motor vehicle shall be determined by the "B" through consultation with the creditor and by the agreement to conduct an auction at the time of the transfer of the entire business right for a chartered bus to be transferred as the corporation of "B".

Article 3. The amount of the sale shall be determined separately from the original nives nives nives nives nives 678,000,000 and shall be settled against “A”.

The payment method shall be arranged by auction, etc. in order to appropriate loans, etc. mortgaged on vehicles.

The vehicles operated by the transferor under Article 5 shall be the transferee and operated as they are.

B. On October 18, 2017, the Plaintiff entered into an agreement on transfer and takeover of passenger transport business rights (hereinafter “instant transfer agreement”) with the Defendant to transfer the transport business rights of each chartered bus listed in the attached list owned by the Plaintiff (hereinafter “each chartered bus of this case”) to the Defendant on the transfer price of KRW 678,00,000 (excluding value-added tax), and the main contents are as follows.

(A) Under the instant transfer contract, “A” and “B” refer respectively to the Plaintiff, and the Defendant.

On November 15, 2017, the Plaintiff reported the instant transfer contract to the Ulsan Metropolitan City Mayor on November 15, 2017, and obtained the authorization therefor from the Ulsan Metropolitan City Mayor at that time, and thereafter, the respective chartered buses of this case to the Defendant.

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