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(영문) 대법원 2015.02.12 2013다79122
명의개서절차 이행 등
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the ground of appeal No. 1, the lower court acknowledged the facts as indicated in its reasoning, and found the following facts: (a) the Defendant’s participation in the auction procedure, acquisition of sports facility business before the decision to permit sale, acquisition of land for the purpose of auction by full payment of purchase price, etc., were conducted under the single intent to acquire each of the instant golf clubs; (b) participation in the auction procedure to acquire most of the site of each of the instant golf clubs, and succession to the business plan plan to the effect that the remainder of the instant golf clubs is acquired by transfer of all of the instant golf clubs, even though there were legal separate procedures, they were conducted at a time, and (c) the Defendant’s succession to the business plan from the Co., Ltd. (hereinafter “C”) was based on the premise that most of the site of each of the instant golf clubs were acquired by most of the instant golf clubs through the auction procedure; and (d) the process and contents of the subsequent progress, it should be deemed reasonable that the Defendant has received the identity of the instant golf club’s business for the purpose of registration upon completion of the instant golf club construction project.

In light of the relevant legal principles and records, we affirm the judgment of the court below, and it is so decided as per Disposition by the assent of all participating Justices.

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