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(영문) 대법원 2017.08.24 2017다223576

채권양도통지절차이행 등

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. In a case where the interpretation of a declaration of intention between the parties is at issue, it shall be reasonably interpreted in accordance with logical and empirical rules by comprehensively taking into account the contents of the said declaration of intention, the motive and background leading up to the said declaration of intention, the purpose to be achieved by

(2) In light of the purport of the entire pleadings and the result of the examination of evidence, the court shall consider the whole purport of the arguments and the result of the examination of evidence to determine whether the assertion of facts is true in accordance with logical and empirical rules (Article 202 of the Civil Procedure Act), and the facts duly confirmed by the court below that the judgment below did not go beyond the bounds of the principle of free evaluation of evidence, and that the court shall bind the Re-appeal Court.

(1) On February 2, 200, the court below held that the plaintiff's right to preferential benefit under the trust contract is not established in a legitimate and effective manner. (2) On February 2, 2008, the court below held that the plaintiff's right to preferential benefit under the trust contract is not registered in the trust registration or the trust report as asserted by the plaintiff. (3) The plaintiff's right to preferential benefit under the trust contract is not registered in the trust registration or the trust report as asserted by the plaintiff.

Even if the above assignment contract violates the obligation to guarantee the statement of "the lawful and effective establishment and continuation of the security interest", it cannot be deemed that the plaintiff violated the obligation to guarantee the statement of "the above assignment contract," and ② the plaintiff paid the delinquent tax amount of the Masan Construction Corporation and bears the expenses, such as registration tax to be borne by the above company after completing the registration of transfer of ownership