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(영문) 서울고등법원 2019.10.25 2019나2020984
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

With respect to this case, the reasoning of the court of first instance as to the plaintiffs' assertion that the plaintiffs would supplement the court of first instance is as follows, and the part concerning the "(2)" of the 7th to the 9th 17th Class of the judgment is identical to the statement in the reasoning of the judgment of the court of first instance other than the entry as follows, and thus, they are quoted as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act. However, the above facts acknowledged as follows: (a) considering the above facts and circumstances, considering the following facts and circumstances, the aforementioned facts and the overall purport of the statements and arguments as to Gap's evidence Nos. 24, 30, 31, 31, 33 through 5, 7, 11, and 12, it is reasonable to view that the defendants had reasonable grounds to believe that the foreigner's exclusive right to operate the pharmacy of this case as asserted at the time of the application for provisional disposition

① Plaintiff A (2/5 shares) and L, M, N (1/5 shares each), respectively, owned the instant commercial site by share.

(2) On April 15, 2013, the props entered into a development agreement with the instant selling company (execution company) and the instant sales company (hereinafter “instant development agreement”) on the business of newly building and selling commercial buildings on the said site (hereinafter “instant development agreement”). The key contents of the agreement are: (a) the props provide the instant commercial site; and (b) the selling company provides the first and fourth floors for the new commercial building (Article 3); and (c) the props delegate all the powers related to the instant business to the selling company until the completion of the business.

(Article 5(b)(b) is the case.

According to this, the props, including the plaintiff A, delegated the right to sell the commercial buildings of this case to the selling company.

Article 2 of the instant development agreement provides that “In the implementation of development activities for construction and sale in neighboring communities,” for the purpose of a contract.

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