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(영문) 서울남부지방법원 2015.07.02 2014가합115446

영업허가명의변경청구

Text

1. The defendant shall receive KRW 50,000,000 from the plaintiff, and at the same time, shall be granted permission to conduct business listed in the attached list to the plaintiff.

Reasons

1. Facts of recognition;

A. On January 1, 2009, the Defendant’s father-C entered into a lease agreement with the manager of the instant building, who is the owner of the instant building, with respect to the 1st underground floor of the building in Gangseo-gu Seoul Metropolitan Government (hereinafter “instant building”). On January 29, 2009, after obtaining permission for an entertainment drinking house business on business registration on February 9, 2009, the Defendant’s father-C operated the GNaart club (hereinafter “instant age club”) in the instant building. Since August 2012, 2012, the instant age club was closed on January 13, 2014.

B. According to C’s request, F had the person who acquired and operated the instant age club, and had the Plaintiff sought F on March 7, 2014 and had the intent to acquire the instant age club, and presented a business plan.

On the other hand, C died on March 12, 2014, and the defendant succeeded to the status of business operator of the instant age club as a successor.

C. F notified the Defendant of the fact that the Plaintiff intended to acquire the instant age club, and the Plaintiff and the Defendant agreed to conclude the contract, but the conclusion of the contract was deferred once more because the Plaintiff failed to prepare the down payment.

On September 19, 2014, the Defendant entered into an agreement on acquisition by transfer of the instant age club with the Plaintiff as F’s intermediary (hereinafter “instant acquisition by transfer”). On the same day, the Defendant prepared and delivered to F a letter of waiver of the right to lease and the right to lease (hereinafter “instant letter of waiver”) stating the waiver of the right to lease and the right to lease on all facilities of the instant age club.

The main contents of the acquisition agreement of this case are as follows.

The location of the object of the acquisition agreement: The content of the first floor underground in Gangseo-gu Seoul Metropolitan Government D: With respect to the G club established at the above location, the plaintiff and the defendant are now without any objection under the smooth agreement of both parties.