beta
(영문) 부산지방법원 2015.10.08 2014가단67610

청구이의

Text

1. The defendant's executory power over the defendant's claim for restitution of unjust enrichment against Busan District Court 2014Gaso31134.

Reasons

1. Basic facts

A. On February 2, 2001, the Plaintiff opened a C childcare center on the 1 and 2nd real estate listed in the attached Table 1 List, and reported it to the head of the Busan Metropolitan City Seo-gu, Busan Metropolitan City. On November 11, 2010, the name of the C childcare center (hereinafter “instant childcare center”) was changed to the name of the C childcare center (hereinafter “instant childcare center”), and on November 15, 201, the name of the president (the head of the facility) was changed to the Plaintiff.

B. On May 6, 2013, the Plaintiff entered into a sales contract with the Defendant and the pertinent child care center on each real estate (hereinafter “each of the instant real estate”) listed in the attached Table 1, including the building site thereof (hereinafter “instant sales contract”). The sales price under the said sales contract is KRW 535 million, and the lower part of the “special agreement: (a)” is added to the lower part of the contract at the time of registration (a non-goods and business rights amounting to KRW 85 million).

C. On June 27, 2013, the Plaintiff received any balance from the Defendant and completed the registration of ownership transfer for each of the instant real estate. A new sales contract made at the time did not contain any special agreement and entered the same price in the same manner.

(The land, which is the object of sale, was originally two lots, but among them, the land of Seo-gu, Busan was combined with the land of 42 square meters on July 23, 2013 as the real estate No. 1 in the attached Table 1.

On July 11, 2013, the Plaintiff changed the name of the head of the child care center of this case to the Defendant, and received a certificate of authorization for the child care center as described in the attached Table 2 from the head of Busan Seo-gu, which is the following day, from July 12, 2013, on the following day, on the authorization certificate for the Defendant and the child care center of this case and the change of the name of the representative, etc.:

was drawn up.

Written Consent of Agreement

1. The plaintiff's custody of the certificate of the representative of the child-care center of this case, and the plaintiff must actively cooperate with the defendant when the certificate of authorization is required by the competent Gu office.

2. Extension of the child-care center at issue;