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(영문) 서울고등법원 2019.08.22 2017나2032952
계약자지위확인 등
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. 1) Defendant Incorporated Foundation B (hereinafter “Defendant Incorporated”).

A) On May 9, 1975, an incorporated foundation established for the purpose of “Creation, Maintenance, and Management of Park Cemeteries” and “Establishment, Maintenance, and Management of Charnel Houses”. On February 14, 1997, E assumed office as a director of the Defendant foundation, and managed and operated D as a representative of the Defendant foundation. (ii) around August 2000, F agreed to take over the Defendant foundation from G and H together with H to promote the establishment of a charnel house in D.

Since August 200, G entered into a contract for the transfer and acquisition of management and operation rights as an incorporated foundation to acquire the management rights of the defendant corporation in KRW 2 billion as follows between E and E:

(hereinafter referred to as “instant acquisition contract”). B (hereinafter referred to as “A”) and G (hereinafter referred to as “B”) (hereinafter referred to as “A”) enter into a contract for the transfer of management and operation rights of an incorporated foundation B (hereinafter referred to as “B”) managed and operated by A as chief director as follows:

Article 1 (Subject-Matter of Contracts) The management and operation rights and all rights incidental thereto of Incorporated Foundation B, which have a domicile in Q Q, are “B” as a person operating funeral-related business, such as a charnel house, and Article 1 (Subject-matter of Contracts) is in the position of acquisition by transfer of all rights and rights corresponding thereto, as the subject-matter of Contracts is consistent with the business objectives of “B”.

However, “B” is intended to establish a corporation (tentatively referred to as “A”) by receiving investments for the promotion of the project, and when establishing the said corporation, all the positions of “B” under this contract are naturally succeeded to the said new corporation.

Article 3 (Transfer Price and Method of Payment) The transfer price of management and operation rights shall be two billion won, and "B" shall be paid to "A" with the funds of a new corporation within one won from the time of establishing a new corporation under Article 2.

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