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Reasons
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(영문) 서울고등법원 2017.05.26 2016나2048288
양수금 등 청구
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1. The part against the defendant in the judgment of the first instance shall be revoked;

The plaintiff's claim corresponding to the above cancellation part.

Reasons

1. The following facts are found to be either in dispute between the parties or in combination with the purpose of the entire pleadings in each entry in the evidence Nos. 2 and 3.

[1] The Defendant was incorporated on April 19, 200 for the purpose of real estate asset management service business, etc., and its trade name was changed to “B”) on May 26, 2015, and was changed to “BH Co., Ltd.” on July 27, 2016.

BJ Co., Ltd. (hereinafter referred to as “BJ”) was established on January 23, 1991 for the purpose of building construction business, and its trade name was “BK Stock Co., Ltd. (BK)” on April 23, 199, and changed to “B stock company (B),” “BJ Co., Ltd. on April 30, 2015.”

[2] On May 20, 2015, BJ’s representative director BL was appointed as the Defendant’s internal director and was employed as representative director until August 17, 2016.

BJ’s manager was appointed as the Defendant’s manager on December 30, 2015.

BJ’s audit BN was appointed as the Defendant’s internal director on August 17, 2016.

[3] The Gangnam-gu Seoul Metropolitan Government building A (hereinafter “instant building”) was built and sold in lots, and on July 13, 2007, the competent authority received a pre-use inspection on the instant building.

The plaintiff is a management body comprised of all sectional owners of the building of the 667 heading rooms and 178 heading rooms of the building of this case.

[4] Of the instant building, the owners of 121 units among the sectional owners of the 121 units of the instant building transferred to the Plaintiff, around 2015, damage claims in lieu of the repair of defects in the instant building, and the Plaintiff, upon delegation by the said sectional owners, notified the Plaintiff of the fact that the Plaintiff transferred the instant building to BJ by serving the delivery of a copy of the legal brief as of October 2, 2015 and April 29, 2016.

2. Judgment on the plaintiff's motion for correction of party indication

A. The Plaintiff’s assertion filed the instant lawsuit against BJ, and due to an error, the Plaintiff is a trade name before BJ’s change and a trade name before the Defendant’s change.

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