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(영문) 울산지방법원 2014.05.14 2013가합8751
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 100,000,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim on March 26, 2013.

Reasons

1. The following arrangements shall be made with respect to the sale of land owned by “B” and all the goodwill of a project project, both of which are owned by “B” and “B” and “B”, respectively.

Article 1(1)(2) of the Terms and Conditions of the Agreement provides that “A” shall purchase and transfer all business rights, including land in the Nam-gu Seoul Metropolitan City B and C (hereinafter referred to as “land”) owned by “A” and shall be purchased and sold to carry on real estate development projects. For this purpose, “A” and “B” shall cooperate with each other.

Article 2 【Subject to Acceptance】

1. This sale and purchase shall cover all claims, such as land and all authorizations and permissions, and general lien, including the current progress of the real estate development project site A, of “B” and shall be included in the purchase price under Article III.

Provided, That for contingent liabilities not specified, it shall be borne by "A".

2.A “A” shall not, at the same time as this Agreement is sealed, waive the above business rights and shall not exercise any rights in relation to the project.

Article 3 【Purchase Price of Land and Business Rights】

1. “B” shall be paid to “A” in return for any sale, such as land and business rights lien, in the amount of KRW 5,000,000,000,000.

On July 11, 2011, the Plaintiff entered into a contract for the purchase of land and business rights (hereinafter “instant contract”) with the Defendant and A to purchase the construction site for the main complex building under construction in Ulsan-gu B and C (hereinafter “instant construction site”) at KRW 5 billion. The details of the contract are as follows.

2.The above-mentioned amounts shall include all the matters (including collateral security, provisional disposition, trust, etc.) shown on the certified copies of the registry, and shall include all the non-including any lien, such as electricity and facilities, but exclude other workshops and permanently.

3. Sales Contract.

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