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(영문) 서울고등법원 2016.10.06 2015나2075993
집기비품 및 유치권양수도잔금 등
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

1. Basic facts

A. On January 9, 2014, E Company E’s hotel lease and operation, changed its trade name to “H”.

(hereinafter “E” has leased the instant hotel from the Korea Savings Bank Co., Ltd., the owner of Pyeongtaek-si F amusement park and ten-story tourist accommodation facilities on its ground (hereinafter “instant hotel”). Around July 19, 2010, the instant hotel was registered as its place of business and run tourist accommodation business, food and service business.

B. On December 24, 2012, the Plaintiffs, E, and G, their shareholders, entered into a contract for acquisition of shares and management rights, including all the shares and management rights of the Plaintiffs and E, the right to operate the instant hotel, the right to lease, the right to permit, the right to retention on the instant hotel, and the right to retention on the house (including the lease deposit KRW 100 million).

C. On March 25, 2014, the Defendants, who purchased the instant hotel building, entered into a sales contract with the debtor, who was the owner of the instant hotel in the public sale procedure and was the trustee in bankruptcy of the Korea Savings Bank Co., Ltd. (hereinafter “Korea Savings Bank”) and the Korea Deposit Insurance Corporation (including the trustee in bankruptcy), to purchase the instant hotel in KRW 5,802,00,000, and to pay KRW 5,219,071,000,000, excluding the remainder of KRW 583,000,000,000 for the successful bid, until December 25, 2014 (hereinafter “instant sales contract”).

The purpose of this Agreement is to purchase and sell all lien and right of possession, including all the collection expenses, construction expenses, etc. owned by Party A (referring to the plaintiff), who is the possessor of the hotel of this case.

Article 2 (Lease Right and Authorization Right) A returns or changes in the name of B (referring to the defendants) when the hotel in this case was awarded by public auction, the authorization, permission, etc. owned by A is returned to Pyeongtaek-si Office.

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