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1. As to each real estate listed in the separate sheet to the Plaintiff, the Defendant is based on the transfer agreement dated October 17, 201.
Reasons
1. Basic facts
A. The Defendant entered into a contract for construction works with the non-party C’s comprehensive construction company and the non-party C’s construction contract in order to implement the new construction and sale project of 157 households (hereinafter “the building in this case”) on the ground of the Nowon-gu Seoul Special Metropolitan City, Seocheon-si B and 860 square meters (hereinafter “the instant site”). On June 14, 201, the Defendant entered into a construction contract with the non-party C’s comprehensive construction company and implemented the said project on the ground of the construction site.
B. On October 17, 201, the Plaintiff and the Defendant concluded a transfer agreement with respect to the instant building construction and sales business (hereinafter “instant transfer agreement”) with the following content.
Transfer Closing Note
1. If the Defendant’s business operator is no longer unable to continue its business due to inevitable reasons such as dishonor or bankruptcy, he will transfer to the Plaintiff the following Defendant’s rights related to the business under the conditions that the Plaintiff is liable to guarantee the seller according to the housing construction-related Acts and subordinate statutes, the terms of sale guarantee,
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(a) The project site (referring to the land required for the relevant housing project, such as the site and other site for donation acceptance) and all rights relating thereto;
(b) All buildings on the ground and underground (including buildings under construction), such as houses, apartments, commercial buildings, model houses, construction management offices, etc., and all rights thereto;
(c) All rights held against the seller and the third party in connection with the sale in lots, such as the right to sell in lots and the right to receive the sale price;
(d) All other rights related to the business of the defendant;
C. On October 19, 201, D, the representative director of the Defendant who entered into a trust contract between D and the Defendant, and D, the owner of the instant site, concluded a sales contract with the Plaintiff on the instant site and buildings by constructing houses and ancillary and welfare facilities.