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(영문) 창원지방법원 2016.11.03 2015가합33489

손해배상(기)

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 company aimed at housing construction business, etc.; Defendant B Co., Ltd. (the trade name before and after the change in August 8, 2014 was C Co., Ltd.; hereinafter “Defendant B”), regardless of whether it was before and after the change in trade name, is a company aimed at an engineering work; Defendant Oracom Co., Ltd. (the trade name before and after the change in August 25, 2015 was a company Oracom (the trade name before and after the change in August 25, 2015 was a company; hereinafter “Defendant Orcom”) is a company aimed at real estate lease, management and management services agency.

B. On July 9, 2012, Defendant B, who owned Kimhae-si D (hereinafter “D”) E, F, G, and H (hereinafter “instant land”), obtained a construction permit for constructing officetels on the instant land from the Kimhae-si market (hereinafter “instant construction permit”).

(hereinafter referred to as the “instant project”) newly constructing and selling officetels in accordance with the instant building permit.

On January 24, 2014, Defendant B sold the instant land at KRW 7.4 billion to Defendant Oracom. On March 20, 2014, Defendant B completed the registration of ownership transfer under Defendant Oracom’s name.

Defendant B applied for a change in the name of the owner of the instant building permit in the Kimhae-si market, and on February 2, 2016, the name of the instant building permit was changed to Defendant Obcomer.

[Ground of recognition] Facts without dispute, Gap 12 evidence, Gap 22-1 to 4, Eul 6-2, Eul 4 evidence, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The Plaintiff filed a claim for damages due to nonperformance of obligations or tort, and filed a consultation with Defendant B to purchase the instant land on or around February 2012, and then received a written consent to the use of the instant land and a written consent to the creation of superficies from Defendant B, and entered into a design service contract, Korean asset trust, and business agreement with the Korea Asset Trust.