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(영문) 부산지방법원 동부지원 2018.02.14 2017가단205730
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an executor who newly constructed and sold Ctel on the ground of Busan Southern-gu.

B. On June 24, 2015, the Plaintiff entered into a supply contract with D to sell Ctel 517 and 621 (hereinafter “each of the instant officetels”) (hereinafter “each of the instant supply contracts”), and the part relating to the transfer or acquisition of the contract is as follows.

The seller shall set the "A", "B", and "A" and "A" shall be the sales contractor of the purchaser and the "A" shall be the representative trust administrator and the "A" shall be the "A".

Article 4 (Transfer, Acquisition, etc. of Contracts) (2) Transfer/acquisition of contracts shall be governed by the approval and conditions of Gap and Byung.

(3) The transfer or takeover of a contract referred to in paragraph (2) shall be limited to cases where the transferee performs the obligation to Gap and succeeds to the contractual obligation thereof at the time of application for approval, and a person who borrows the above indication property from a financial institution shall submit evidentiary documents concerning the succession of loan between the parties concerned even if the transfer or takeover issued by the financial institution is also submitted

(4) At the time of transfer or acquisition of a contract, the seal and seal affixed by Gap and Byung may be used independently, and the resale without approval of Gap and Byung shall be null and void.

C. On May 27, 2016, D transferred the status of the buyer under each supply contract of this case to the Defendant, and the Plaintiff and Korea Trust Korea Co., Ltd. (hereinafter “Korea Trust”) approved the status.

On June 13, 2016, the Defendant entered into a contract with E and F to transfer the status of a buyer under each supply contract of this case (hereinafter “each transfer/acquisition contract of this case”).

E. On May 25, 2016, the Plaintiff designated the occupancy period of each of the instant officetels from June 20, 2016 to July 29, 2016.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2-1 and 2.

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