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(영문) 서울고등법원 2013.10.23 2012나81496
양수금
Text

1. Of the part against Defendant C Co., Ltd. in the judgment of the first instance, the part against the Plaintiff ordering implementation below.

Reasons

1. Basic facts

A. From around August 191, 191, the Plaintiff established and operated a private business E in the name of Nonparty G (the opening date of the business is August 1, 1991, the location of the business place is emulation F, and the type of the business is the canbs manufacturing). B. The Plaintiff purchased the land listed in attached Form No. 1 (hereinafter “instant land”) from Nonparty H on January 17, 1996 and completed the registration of ownership transfer under the name of Nonparty E (the establishment and establishment are different from the establishment and establishment, and all of them are incorporated for convenience).

On January 26, 1996, the non-party company contracted the construction of the building of this case on the ground of the land of this case to the non-party Down Machinery Co., Ltd. (hereinafter referred to as the "Down Machinery").

C. On September 12, 1996, Defendant B, who is the Plaintiff Ba’s son, established the Defendant Company (the trade name at the time is “Co. E”, the location of its head office is “F when industrialization”, and the purpose is “f when cans, cans, and so on”, and the trade name, head office location and purpose are the same as those of the non-party company).

On October 31, 1996, the Plaintiff entered into a contract with Defendant B (a contracting date under the contract refers to October 30, 1996; hereinafter “instant contract for transfer and takeover of business”). The Plaintiff comprehensively transferred all assets and liabilities such as business rights, etc. of the private chain E as of October 31, 1996, with the price determined as KRW 202,674,520, which is the difference between assets and liabilities (hereinafter “instant contract”).

E. The Plaintiff acquired all rights to the instant land and building from Nonparty Company or its partners.

As to the land of this case, the defendant company registered the transfer of this case on October 29, 1996, and the registration of the transfer of this case.

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