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(영문) 서울고등법원 2015.07.16 2014나2043647
양수금
Text

1. The bankrupt who is the assignee of the lawsuit of the Defendant Bankrupt Co., Ltd., which has been changed in exchange at the court of appeal.

Reasons

Basic Facts

On March 8, 2012, the Plaintiff is a company that occupied the apartment-type B building (hereinafter “instant building”) 632 in Ansan-si, an apartment-type factory and was preparing for factory operation and business. Defendant A occupied the instant building 630 units (hereinafter “each store of the instant building”) and operated “D” as a printing company. Defendant B building management body (hereinafter “Defendant B building management body”) is a management body established for the purpose of implementing the instant building and its appurtenant facilities management business pursuant to Article 23 of the Act on the Ownership and Management of Aggregate Buildings, and C concluded a management service contract with Defendant management body from around 2010 to manage the instant building and managed the instant building.

C On December 31, 2014, the Seoul Central District Court was declared bankrupt by the Seoul Central District Court 2014Hahap179, and L was appointed as a trustee in bankruptcy and taken over the lawsuit of this case against C at the trial of the party.

(B) On February 20, 2012, the Plaintiff entered into a sales and lease agreement with the Plaintiff on the storage of the instant facilities under the Plaintiff’s 632, with the Japanese Company i-TNS Co., Ltd. (hereinafter “the instant Japanese Company”) on the 22 unit (hereinafter “instant facilities”) with respect to the 164,750,00 United Nations monthly rent for three years in the instant Japanese Company, and upon the payment of the said price in full, the Plaintiff entered into a sales and lease agreement with the Plaintiff on the acquisition of ownership of the instant facilities, with the delivery of the instant facilities under the 632 unit.

The occurrence of the instant fire occurred while the employees of D, operated by Defendant A, who damaged the instant facilities due to the occurrence of the instant fire, were engaged in drug recovery work around 10:58 on April 9, 2013 and 630 on the grounds of fire (hereinafter “instant fire”), and the said fire occurred during the process.

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