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(영문) 대전지방법원천안지원 2019.01.18 2017가합102795

명의개서 등 청구의 소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff is a corporation Co., Ltd. (hereinafter “C”) that runs theme park business, etc.

The Plaintiff acquired 6,000 shares from D on December 16, 2013 among the total shares 20,000 shares of C, and acquired 14,00 shares from D on January 20, 2014 and owned 100 percent of shares of C.

(2) The Defendant is the representative of E Co., Ltd. (former Co., Ltd. F and hereinafter referred to as “E”) who is engaged in theme park business, etc., and C has reported the closure of business on December 31, 2014.

B. C’s KIKO 1) In order to operate the KIKO with the brand called “G”, part of the first floor above the J-dong, Seo-gu, Seoan-gu, Seocheon-gu, J. H from H on December 27, 2012 (hereinafter “the leased object of this case”).

A) A lease term of five years, lease deposit of 50 million won, rent of 20 million won for one year from the date of commencement of business, 30 million won for two years for two years, and 45 million won for three years thereafter. C began to operate the KIKO (G; hereinafter referred to as the “instant KIKO”) under the condition that part of the construction cost was not paid.

3 On March 13, 2013, 3 C leased a part of the area in the above KIKO to K with the lease deposit amount of KRW 50 million to K, and around March 26, 2013, C leased the lease deposit amount of KRW 200 million to L to operate the above KIKO.

In addition, on April 1, 2013, C leased each of the lease deposit amount of KRW 60,000,000,000 to N andO for the sale of diesel and character products in the above KIKO, on July 18, 2013, to the lease deposit amount of KRW 250,000,000,000,000. On April 25, 2013, C leased P with P for the lease deposit of KRW 40,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000.