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(영문) 대전지방법원 2017.10.26 2017가합103485
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

In fact, the creditors of D Co., Ltd. (hereinafter referred to as “Nonindicted Co., Ltd.”) who had been practically operated by C (hereinafter referred to as “Nonindicted Co., Ltd”) filed an application for compulsory auction on the site and machinery of the non-party Co., Ltd. (hereinafter referred to as “instant factory”) located in E at the time of official residence around 209.

On July 19, 2011, the defendant was awarded a successful bid for the above factory site and main facilities, and acquired from C all the business facilities of the factory, such as machinery not included in the above auction objects, and acquired from C the whole business facilities of the factory and business rights of KRW 60 million.

C complaining of help to the remainder of the defendant, who is located in an economically difficult location, and the defendant and the F, who is the seat of C, requested C to remove the factory site to the defendant for the economic self-reliance of C and obtained the defendant.

Ultimately, around October 8, 2012, the Defendant entered into an agreement with the Nonparty Company that “The Defendant purchased the factory site (a planned management area) from 1,500 square meters to 1,500 square meters in the Gongju-si, Daejeon-si, Daejeon-si, the Ying-si, the Ying-si, the Ying-si, etc. (hereinafter “Plaintiff”) and transferred the name by November 16, 2012 to a person designated by C, etc. (hereinafter “instant agreement”).” (hereinafter “instant agreement”).

On December 1, 2012, the non-party company designated the plaintiff as the title holder of the ownership transfer registration of the factory site pursuant to the instant agreement. On January 24, 2013, the non-party company entered into an agreement on the assignment of claims with the purport that "the non-party company shall transfer all the rights to cancel the contract and other claims for compensatory compensation arising out of the non-party's default on the part of the plaintiff, the non-party company's factory site of 1,00 to 1,500 and the non-party company's factory site of 1,00 to 1,

On November 2, 2012, the Defendant purchased KRW 8,775 square meters and KRW 28,941 square meters of land from G prior to H in Jeju-si and KRW 28,941 square meters of land from G. In accordance with the instant agreement, the Defendant intended to transfer part of the said land (hereinafter “Jri-ri land”) to the Plaintiff pursuant to the instant agreement.

However, the Plaintiff is entitled to choose a factory site according to the instant agreement.

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