손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The defendant, in relation to the basic facts, was a creditor who lent money to C Co., Ltd. (hereinafter referred to as “Nonindicted Co., Ltd.”), D is a person who actually operated the above company, and E is a person who is the defendant and D.
The creditors of the non-party company applied for a compulsory auction on the site and machinery of the non-party company located in F at the time of official residence around 2009 (hereinafter “the factory of this case”).
On July 19, 2011, the defendant was awarded a successful bid for the above factory site and main facilities, and acquired from D all the business facilities of the factory, such as machinery not included in the above objects of auction, and acquired from D the whole business facilities of the factory and business rights of KRW 60 million.
D complaining of the rest of the defendant who is located in an economically difficult location, and E requested the defendant to remove the factory site to the defendant for the self-reliance of D's economic independence.
On October 8, 2012, the Defendant: (a) drafted a letter of agreement with the Nonparty Company stating that “The Defendant purchased the factory site (a planned management area) from 1,500 square meters to 1,500 square meters in Daejeon-si, the Han River-si, the Han River-si, etc.; and (b) transferred the name to a person designated by D, etc. (hereinafter “Plaintiff”) by November 16, 2012 (hereinafter “instant agreement”).” (A evidence 1-1; hereinafter “instant agreement”).
On December 1, 2012, the non-party company designated the plaintiff as the title holder of the ownership transfer registration of the factory site according to the agreement of this case. On January 24, 2013, the non-party company concluded an assignment contract with the plaintiff to the effect that "the non-party company shall transfer all the right to cancel the contract and other right to compensatory compensation arising out of the non-party's default on the right to cancel the contract, the non-party company's right to cancel the contract, the non-party company's right to cancel the contract, the non-party's right to transfer the ownership of the factory site
The Defendant shall endeavor to implement the instant arrangement from G on November 2, 2012 to H on August 2, 2012.