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(영문) 대구지방법원경주지원 2019.01.15 2016가단13126
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the respective descriptions of Gap evidence of 1 to 6, Eul evidence of 1 to 6, 9, and 10 (including provisional numbers), the testimony and the whole purport of pleadings, or may be found in this court.

On July 1, 2005, the Defendant leased the surface of the water of a reservoir located in the area of 8621mm2 (hereinafter “instant land”) maintained and managed as agricultural infrastructure by the Korea Rural Community Corporation (the name at that time was the Korea Agricultural and Rural Infrastructure Corporation) and operated a new fishing place (hereinafter “instant fishing place”) at the place of the racing with permission for fishing business from the racing city.

This contract is a contract to trade permanently all rights, such as the facility and operation rights (including stores) of the fishing place in this case, in the future of the plaintiff, who is the purchaser of the contract between the rural construction and the defendant. If it is possible to change the name of the rural construction and the recontract, the change of the name of the fishing place is possible, the defendant shall cooperate in good faith when the plaintiff transfers his right to another person.

B. On June 15, 2011, the Plaintiff and the Defendant concluded the following contracts with respect to the sale of facilities, operation rights, etc. of the instant fishing place:

(hereinafter “instant sales contract”). C.

At that time, the Plaintiff paid 60,000,000 won to the Defendant pursuant to the instant sales contract, and started to operate the instant fishing place facilities, etc. by receiving delivery from the Defendant.

According to the instant sales contract, the Defendant also renewed the existing lease agreement on the surface of the water reservoir of the instant land, which was concluded with the Korea Rural Community Corporation on July 2, 2013, from July 1, 2013 to June 30, 2018. On April 3, 2014, the Defendant, upon obtaining permission for the fishing place business in the name of the Defendant, can operate the instant fishing place with the permission for the fishing place business in the name of the Defendant for the period from April 4, 2014 to June 30, 2018.

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