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(영문) 대구지방법원 2016.09.29 2016나300146

매매대금

Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On December 30, 2009, the Plaintiff acquired all rights, such as the right to issue the ownership of the magazine “C” from an incorporated association D, in price of KRW 80,00,000.

(However, the transferee's name at the time was "E". (B)

On April 28, 2011, the Plaintiff entered into a contract with the Defendant under which all rights relating to the magazine “C” and “F” are transferred to the Defendant at KRW 80,000,000 (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

- Transfer and takeover - Contracts between A (Plaintiff, transferor) and B (Defendant, transferee) enter into contracts for the transfer and takeover of magazines “C” and “F” (hereinafter “magazine”) as follows:

[Purpose] (Omission) Article 2 (Subject Matter and Contents of Transfer and Acquisition)

1. Magazines subject to transfer and acquisition shall be C (No. 66 G publication between November 2005) and F (No. 335 H publication between May 1983);

2. The content of transfer or acquisition shall be deemed to have sold and purchased all rights related to magazines, such as the registration, publication, editing, business, advertisement, dissemination, etc. specified in the preceding paragraph.

Article 3 [Time of Transfer and Acquisition]

1. The transferor will transfer to a transferee all the powers relating to magazines, including the ownership, publication and sales rights, and advertising rights, of the magazines from July 201.

(hereinafter referred to as "transferor") Article 4.

1. The transferor will undertake without delay all the measures necessary for the transfer and acquisition of the magazines under this Agreement to take place smoothly.

2. The transferor should be responsible for, and assigned and taken over by, the transferor on all matters such as the legal name or ownership of the magazine.

3. The transferor will cooperate in good faith in all necessary matters to ensure that the subscription contract entered into with the reader even after the transfer is made.

4. (Omission) Article 5 (Documents, etc. for Transfer of Ownership)

1. The transferor shall be a magazine;