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(영문) 창원지방법원 2017.02.02 2015가단77246
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a public interest foundation established for the purpose of supporting the scholarship projects of rural communities, rural culture projects, medical institutions establishment projects, etc., and operates the D Hospital on the fourth and fifth fifth floor in Kimhae-si.

B. On December 31, 2014, the Plaintiff entered into a comprehensive transfer contract with the Defendant to transfer all rights and obligations with respect to the D Hospital operated by the Plaintiff, including the building ownership of the said CP 4, 5, and pharmacy (107) (hereinafter “instant contract”), and the main contents are as follows.

1. The purpose of this contract is to acquire all rights and obligations of the company operated by the Plaintiff after confirmation by the Defendant, and the comprehensive transfer and takeover are limited to D Hospital (including buildings).

2. The Defendant shall accept the Defendant after checking the details of the Plaintiff’s liabilities as of the same date of transfer and acquisition on December 31, 2014.

The head of the Tong/Do shall be the defendant management until the amount claimed to the Health Insurance Management Corporation other than the matters of this contract is completed.

3. This Agreement shall become effective as of December 31, 2014, the date of the transfer or acquisition.

However, notwithstanding the conditions of paragraph (2), the time for the transfer of duties between the plaintiff and the defendant is necessary, and the defendant is responsible when the expenses under paragraph (2) occurs after the date of the transfer.

Therefore, at the time of completion of the transfer of the business by the plaintiff and the defendant, consent should be given to the change of the establishment permission as the establisher desired by the defendant, and the plaintiff should take measures separate from the foundation on the change of the name of the principal office or the business registration certificate.

Matters concerning notarial contracts

5. The registration of transfer of ownership on a building shall be made on January 2, 2015 by agreement between the transfer and the transferee, and the amount of sale and purchase of the building shall also be held, but the defendant shall be liable for the tax on the transfer tax, etc. when any

Provided, That a contract shall be concluded within 30 days after the registration of transfer of ownership is completed.

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