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(영문) 창원지방법원거창지원 2020.09.08 2019가단11727
사용료
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

A. Since around 2004, C Co., Ltd. (hereinafter “C”) entered into a contract for the new construction of an apartment on the ground of 481 square meters (hereinafter “instant land”) and installed C-owned pents (hereinafter “instant pents”) on the instant land (hereinafter “instant land”).

B. E Co., Ltd (formerly named F Co., Ltd.) purchased the instant land from G Co., Ltd. on May 30, 201, and completed the registration of ownership transfer on the instant land on June 10, 201.

E Stock Company was merged with the Defendant on November 5, 2014.

(hereinafter referred to as “Defendant” without distinguishing between E and the Defendant.

The Defendant sold the instant land and the instant pentice to H, etc. on December 19, 2017, and completed the registration of ownership transfer on the instant land on December 22, 2017, and transferred the instant pentice to H, etc. around that time.

[Ground] The plaintiff asserted that Gap's evidence Nos. 1, 2, 3, 5, 6, 7, 11, and Eul evidence Nos. 2 (including a serial number), Eul's evidence Nos. 1, 2, 3, 5, 6, 7, 11, and Eul's argument that the defendant did not pay user fees and did not pay user fees even though he had to use the pent, and the plaintiff sold the land to a third party on or before December 2017. Since the plaintiff acquired the damage claim for the disposition of the pentice of this case which C had against the defendant from June 10, 201 to December 2, 2017, the defendant is obligated to pay the plaintiff 7,80,000 won (i.e., 100,000 won x 78 months x 708 months) and damages incurred from the disposition of the pentice of this case (i.e., the total amount of 300,0000,0000 won

Judgment

A. As to whether C’s royalty claim against the Defendant exists, C and the Defendant agreed on the use of the instant pension.

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