(영문) 서울고등법원 2015.02.05 2013나67114

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(영문) 서울고등법원 2015.02.05 2013나67114

점유회복

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1. Of the judgment of the court of first instance, the part of the claim against the Defendant (Counterclaim Plaintiff) against N is revoked.

2...

Reasons

1. The summary of the case and the facts premised on the case

A. The summary of the instant lawsuit is the case where: (a) the Plaintiff acquired all shares issued by the K&A (M&A) in the manner of the so-called “H (hereinafter “H”); (b) and acquired all the shares issued by the K&A (hereinafter “the K&A”) and the operating assets of the casino business establishment; (c) he was directly delivered by D with D; or (d) Defendant N was deprived of possession of the Plaintiff’s casino business establishment through a management delegation agreement, while he was operating the casino, and he was transferred with the casino business establishment; and (c) Defendant N was deprived of possession of the Plaintiff’s casino business establishment with Defendant C, based on the right to claim for possession recovery under Article 204(1) of the Civil Act.

The counterclaim of this case is a preliminary counterclaim by asserting that Defendant N took over the entire shares issued by Defendant N in the manner of business purchase from H, and that it took over the right of casino business license, business assets, and debts from D, and that the right of lease was also taken over in relation to the casino business establishment of Defendant D against Defendant C, and that it seeks to transfer the part of the building corresponding to the casino business establishment against the Plaintiff by subrogation based on the subrogation right of Defendant C in order to preserve the right of claim for delivery of the casino business establishment which is the object of lease to

The judgment of the first instance dismissed all the Plaintiff’s claim against the Defendants, and the Plaintiff appealed against this and filed an appeal.

[Preliminary counterclaims are sought on the condition that the principal claim is accepted, and as such, Defendant N’s conjunctive counterclaims are also included in the subject matter of adjudication in this Court (see Supreme Court Decision 2006Da19061, 19078, Jun. 29, 2006).

on the premise.

참조조문

-민법 제204조 제1항

참조판례

-대법원 2006. 6. 29. 선고 2006다19061,19078 판결

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