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(영문) 서울고등법원 2018.10.11 2017나2055924

손해배상(기)

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff is a stock company established for the purpose of riding club operation business, etc., and the Defendant-B is a stock company established for the purpose of riding club operation business, etc., and the Defendant-B is a stockholder and the representative (in-house director) of the Plaintiff-B.

At the time of the conclusion of the acquisition agreement of this case, Defendant C operated the FM club (hereinafter “instant riding club”) which is a sports facility in Do government-si D and E land, as seen below.

B. At the time of entering into the instant acquisition agreement, the Plaintiff obtained permission for sports facility business regarding the instant riding club site, but the relevant land category was not changed into a sports site (in relation to the instant land, the land category was changed to a sports site on November 28, 2017), and the Plaintiff did not obtain permission for sports facility business as to the instant land, and the land category was not changed to a sports site.

Therefore, the riding ground facilities installed on the land of the above E were illegal facilities.

On April 6, 2016, Defendant LAC entered into a riding course business acquisition agreement (hereinafter “instant acquisition agreement”) with the Plaintiff, stating only the D land for which the permission for a sports facility business was obtained, and the main contents of the agreement are as follows.

The representative of the defendant B shall be the same day, and the defendant B shall be the joint and several liability for the debt under the above acquisition agreement of the defendant C.

【A” and “B” (Defendant-A-A-A-A-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-D-B-B-D-related comprehensive business rights are transferred to “A-B-D-B-B-related joints.” Article 1: (a) the time of the transfer of the business rights and the payment of the purchase price: The intermediate payment of KRW 25,000,000 (25,000,000: 125,000,000,000,000,000,000, and the actual inspection. < Amended by Presidential Decree No. 27320, Apr. 20, 2016>

Any balance:00 million won.