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(영문) 대법원 2009. 08. 06. 선고 2009두9918 판결

양수인이 필요한 부분만을 선별적으로 양수한 경우 사업의 포괄적 양도가 아님[국승]

Case Number of the immediately preceding lawsuit

Seoul High Court 2008Nu31798 (Law No. 28, 2009)

Case Number of the previous trial

National High Court Decision 2007J 2928 ( December 10, 2007)

Title

In case the assignee acquires only the necessary parts in advance, it is not a comprehensive transfer of the business.

Summary

Whether to comprehensively succeed to all rights and obligations with respect to any business is different depending on the intention of the parties to the contract, so it does not constitute a comprehensive transfer of business if the transferee accepts only certain parts of the transferor's business which he/she needs according to his/her circumstances

The decision

The contents of the decision shall be the same as attached.

Text

The appeal shall be dismissed.

The costs of appeal are assessed against the plaintiff.

Reasons

It is so decided as per Disposition by the assent of all participating Justices on the bench, pursuant to Article 8(2) of the Administrative Litigation Act, Article 429 of the Civil Procedure Act, and Article 5 of the Act on Special Cases Concerning the Procedure of Final Appeal, since the Plaintiff did not state the grounds for appeal in the petition of appeal and did not submit the appellate brief within the statutory period (the appellate brief submitted by the Plaintiff was received on August 4, 2009), since it was later