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(영문) 부산고등법원 2015.10.14 2015나51395
소유권이전등기
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning for the court’s explanation of this case is as follows, and this case is cited by the main text of Article 420 of the Civil Procedure Act, inasmuch as the reasoning for the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the following matters:

Part 3, "this Court" in Part 17 shall be changed to "Court of First Instance".

In Chapter 4, each "foreign company" of not more than 10 shall be dismissed as "D".

The part of paragraph (1) through (7) of the 6th page 19 to 7th page 4 shall be dried together with the following part.

A person shall be appointed.

B. As to the Defendant’s assertion, the Defendant asserts that D succeeds to the buyer status under the instant sales contract concluded between D and the Defendant. The Defendant asserts that D succeeds to the buyer status under the instant sales contract between D and D. However, the acquisition of a contract for the purpose of succeeding to the status as a party to a contract may be made by means of the agreement between two parties to the contract or between the parties concerned and the other parties’ consent or consent (see, e.g., Supreme Court Decisions 95Da2162, Feb. 27, 1996; 2009Da4521, Oct. 29, 2009); 9 through 12, 14, and 15 (if a separate number exists, each item including each number, and the testimony of witness E from the first instance trial does not have any evidence to acknowledge that the Plaintiff succeeded to the buyer’s status by explicitly expressing his intention to succeed to the status of purchaser under the sales contract between D and the Defendant, including the Plaintiff’s consent or consent.

Rather, comprehensively taking account of the purport of the entire argument with F’s testimony of the party witness F, D has already lost its business right of this case, and it seems that D has no reason to accept the purchaser status of the sales contract concluded with the owner of the business site of this case including the Defendant, as the Plaintiff has already lost its business right of this case.

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