(영문) 대구고등법원 2014.12.10 2013나974 | 리걸엔진

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(영문) 대구고등법원 2014.12.10 2013나974

동산인도등

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1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be acknowledged in accordance with the following facts: there is no dispute between the parties, or by the purport of Gap evidence Nos. 1 through 6, evidence Nos. 10-4 through 10, evidence Nos. 11, Eul evidence Nos. 1 through 7, 11, 22, and 24 (including various numbers where no special indication is made; hereinafter the same shall apply); the witness of the first instance court witness H of the first instance trial (excluding the portion not trusted in the rear); the witness of the trial court; the witness of the trial court; the witness of the trial court and the witness of the trial; and the other part of the H’s testimony contrary thereto are hard to believe in light of the following facts, and there is no other counter-proof.

On October 15, 2008, the Plaintiff was a medical corporation established for the purpose of the establishment, operation, etc. of a medical institution, and completed the registration of ownership transfer on the instant land and building on the 15th of the same month, on the donation of all the instant land and building, including the instant building and the instant medical devices, etc. located in the Daegu-gun-gun (hereinafter “instant land”) and the 7th floor building thereof (hereinafter “instant building”).

B. On January 3, 2009, the Plaintiff agreed with the medical corporation E (hereinafter “E”) to sell the instant hospital to E after resolving all the legal issues pertaining to the instant hospital, and entered into a lease agreement with E to designate the instant building as the deposit amount of KRW 10 million, monthly rent of KRW 10 million, and KRW 10 million between E and E, until the actual sales contract is concluded.

C. On January 2009, E applied for the approval of a branch office to the Gyeongbuk-do, but on March 4, 2009, the Defendant agreed to operate the hospital in the instant building on behalf of E on March 4, 2009, and the Defendant succeeded to the above lease agreement between the Plaintiff and E, and operated the hospital in the instant building.

The plaintiff and the purchaser, who are the owner of the above mentioned real estate.

유사 판례

-대구지방법원서부지원 2013.01.17 2011가합1959

-서울중앙지방법원 2015.04.23 2014가합58417

-의정부지방법원고양지원 2016.01.14 2014가합7339

-부산고등법원(창원) 2015.04.16 2014나2184

-서울고등법원 2017.11.15 2017나2003282