logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.09.13 2016가합3174
채권양도양수무효확인
Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

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

Reasons

1. Basic facts

A. 1) Defendant B’s G business with approximately KRW 97,740 square meters in Yangsan-si on December 20, 1995 (hereinafter “instant business”) from the Yangsan-si Market and approximately KRW 97,740 square meters in size (hereinafter “instant business”).

(2) On October 26, 2001, Defendant B selected H, I, and Dong Construction Co., Ltd. as contractor in the process of carrying out the instant project. Defendant B again selected D, I, and Dong Construction Co., Ltd. as contractor on July 26, 2001, because it is difficult for the said company to carry out the instant project due to its default, waiver of construction, etc.

B. On July 1, 2002, Defendant B did not continue the project of this case even after the completion of approximately 5% of the entire process due to financial circumstances, etc., due to the change of the project operator and the progress of the case construction project. On July 15, 2002, Defendant B transferred all of the rights and obligations regarding the implementation of the project of this case to the K Construction. (ii) On July 29, 2002, the K Construction promoted the project after obtaining authorization from the Yangsan market as the implementer of this case from the Yangsan market, but the KJ et al., which was the owner of the project of this case, filed against the Yangsan market on September 1, 2006 against the Yangsan market, a favorable judgment such as J et al. was finalized through the appellate court and the final appeal.

3) As the above administrative litigation is in progress, the project of this case was interrupted from July 30, 2007, and the Yangsan City was in a situation where it was not possible to decide whether to continue to maintain the project operator as the case construction after the revocation of the implementation plan modification authorization disposition on March 2009 according to the above final judgment. C. 1 of the Maur Maur Ros Co., Ltd., Ltd., 1) Maur Maur Kaki (hereinafter referred to as “Maur Maur Pos”).

arrow