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(영문) 인천지방법원 2016.11.29 2016가단212059

양수계약 취소 등 청구의 소

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. In the past, the Plaintiff is a person who had been operating a day care center located in the Namdong-gu Incheon Metropolitan City C apartment 306 Dong 103 (hereinafter “child care center of this case”), and the Defendant is a person operating the child care center of this case as of the date of closing the argument of this case.

B. On June 29, 2015, the Plaintiff entered into an operating right acquisition agreement and a lease agreement with the Defendant (hereinafter referred to as “instant contract”) with respect to the instant childcare center (hereinafter referred to as “instant contract”) and entered into an individual contract (hereinafter referred to as “instant acquisition agreement”) and some of the terms of each of the instant contracts are as follows.

1) Total premium in the instant transfer contract: The scope of transfer of KRW 60 million: Facility, original student, and representative name 21. Any contract (other than corrective orders due to the change of the representative’s name) may be invalidated or adjusted only by the transferee when there is an administrative disposition (excluding corrective orders) due to the inspection by the pertinent administrative agency (excluding any change of the representative’s name/free relation). The lease deposit in the instant lease contract is in the name that no administrative disposition (suspension / fine/sale/sale) is issued, regardless of the name of the representative before the contract was entered into (within two years): B (person) 20,000,000 won: monthly rent of KRW 80,000: from August 1, 2015 to August 1, 2018.

C. On the other hand, the Defendant received a corrective order on the grounds that: (a) prior to executing each of the instant contracts; (b) prior to being reported on January 15, 2014, the Defendant received a corrective order on the grounds that it used or stored raw materials or finished products, the distribution period of which has expired, for cooking food.

On July 17, 2015, the date of entering into each of the instant contracts, the Nam-gu Incheon Metropolitan City, a competent authority, inspected the instant childcare center operated by the Defendant at the time. As a result, ① the original childcare center for children in 2014, ② the lack of the working status of childcare staff in 2014-2015, ③ the failure to report a repayment plan for temporary loans in 2014-2015, ④ the inappropriate for accumulation of childcare teachers’ retirement allowances, ⑤ the integrated childcare system.