logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원영월지원 2016.12.21 2015가단3988
제3자이의
Text

1. The plaintiff's claim is dismissed.

2. On January 12, 2016, this Court shall have regard to cases of applying for a suspension of compulsory execution under 2015 Chicago17.

Reasons

On June 25, 2012, the Defendant purchased the real estate (hereinafter “instant building”) indicated in the attached Form (hereinafter “instant building”) from the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) as a public sale, and completed the registration of ownership transfer on June 27, 2012.

Between the Plaintiff and C, the agreement on the assignment of claims and the takeover contract was prepared on April 15, 2014, stating that “C transfers KRW 200,000,000 to the Plaintiff the rights and claims of the Egypt amount (which is separate from the statutory interest of KRW 724,00,000) incurred in the Egypt Work in Gangwon-gun D.”

On September 23, 2014, the Defendant entered into a contract with B (hereinafter “B”) and C to entrust the operation and sale of G (22 Dong-dong, 104 guest rooms; hereinafter “the instant Lart”) located in the G (22 Dong-dong, 104 guest rooms; hereinafter “the instant Lart”) located in the Pyeongtaek-gun and three parcels owned by the Defendant, and the contents relating to the instant case in the above entrusted operation contract are as follows.

Article 3 (Period of Contract for Entrusted Operation) (1) The term of the contract for the entrusted operation contract shall be one year from October 1, 2014.

Article 4 (Effect, etc.) (1) "A", "B", and "A" (C) shall apply to the competent court for filing a complaint with the competent court after the preparation of this Agreement, and the expenses incurred in filing the petition shall be borne by "A", "B", and "A" respectively.

Article 11 (Termination of a Contract) (1) “A” may be terminated to one party without the consent of “B” and “B” if any of the following occurs, and at the time of termination, “B” and “B” shall immediately order:

1. If “B” and “B” fail to pay the operating fees to be paid to “A” under Article 5 for not less than two months, Article 11(other matters) ③ The term “sick” does not claim the right of retention against the set claimed by “A”.

The Defendant applied for the settlement prior to filing a lawsuit against B and C under the above consignment operation agreement, and between B and C on January 12, 2015.

arrow