[1] In a case where the pertinent Act does not provide for the permission of an administrative agency or the permission of transfer of a patent title, or the procedure for change of the name, whether the transferee is allowed to file a lawsuit seeking direct change of the license against the transferor in the name

[2] Whether a lawsuit seeking the implementation of the procedure for change of name on the report by a hot spring developer is legitimate (negative)

[1] Where an administrative agency's permission or a patent name provides for the purport that the transfer is permitted by the pertinent law, the transferee may file a lawsuit against the transferor seeking the implementation of the procedure for change of name against the transferor. However, the pertinent law does not provide for the permission of transfer, but does not provide for the procedure for change of name, the transferee is not allowed to seek against the transferor for the performance of the transferor's license in the name of the transferee. Thus, the lawsuit is unlawful.

[2] Article 19 (2) of the Hot Spring Act provides that "the head of a Si/Gun shall conduct an investigation of hot spring resources and prepare and keep a hot spring management ledger as prescribed by Ordinance of the Ministry of Government Administration and Home Affairs." Article 15 (3) of the Enforcement Rule of the Hot Spring Act provides that "The hot spring management ledger under Article 19 (2) of the Act shall be as shown in annexed Form 11." The annexed Form 11 provides that "the location, hot spring discovery status, hot spring area and hot spring hole protection zone designation status, the development plan and development promotion status, the current status of hot spring utilization, the current status of hot spring utilization, the preservation of hot spring resources, the preservation of hot spring resources, and the preservation of hot spring resources shall state the date of report, the date of report, and the identity of the hot spring discovery in the hot spring discovery column, even after examining the hot spring law or related Acts and subordinate statutes, the act of registering the hot spring discovery manager's name in the hot spring management ledger is merely for convenience in the execution of administrative affairs, and thus it is unlawful for the transferor to seek.

[1] Article 226 of the Civil Procedure Act / [2] Article 226 of the Civil Procedure Act, Article 19 (2) of the Hot Spring Act, Article 15 (3) of the Enforcement Rule of the Hot Spring Act

[1] Supreme Court Decision 91Da45950 delivered on July 14, 1992 (Gong1992, 2388) / [2] Supreme Court Decision 98Du13072 delivered on September 8, 200 (Gong200Ha, 2120)

Central Consulting Corporation

Defendant (Attorney Lee In-hee, Counsel for defendant-appellant)

Daejeon High Court Decision 2000Na5365 delivered on July 20, 2001

The judgment of the court below is reversed, and the case is remanded to Daejeon High Court.

1. The lower court: (1) on December 6, 1991 and April 19, 1994, the Defendant discovered each hot spring on three parcels of public hot spring on April 1, 199, 1, 1, 3, 1, 1, 1, 1, 1, 2, 2, 3, and 4, and accepted a report of hot spring discovery made under the Defendant’s name on April 28, 1994, 1, 3, 1, 3, 196, 9, 1, 3, 196, 9, 1, 3, 9, 1, 1, 2, 3, 1, 198, 3, 9, 1, 196, 3, 1, 9, 1, 2, 30, 196, 3, 1, 196, 2, 30, 196, 3, 4, 2, 19, 2, 2, 3, 3, 1.

2. Where the pertinent law provides for the purport of allowing the transfer of the name of an administrative agency or patent, the transferee may file a lawsuit against the transferor seeking the implementation of the procedure for change of the name against the transferor. However, unless the provision allowing the transfer of the name is provided, and the procedure for change of the name is not provided, the lawsuit against the transferor seeking the performance of the transferor’s license in the name of the transferee is not allowed, and the lawsuit is unlawful (see Supreme Court Decision 91Da45950, Jul. 14, 1992).

However, Article 19 (2) of the Hot Spring Act provides that "the head of a Si/Gun shall conduct a survey of hot spring resources as prescribed by Ordinance of the Ministry of Government Administration and Home Affairs, and prepare and keep a hot spring management ledger." Article 15 (3) of the Enforcement Rule of the Hot Spring Act provides that "The hot spring management ledger under Article 19 (2) of the Act shall be as shown in attached Form 11". Attached Form 11 provides that "the location, hot spring discovery status, hot spring area and hot spring hole protection zone designation status, development plan and development promotion status, hot spring development plan and development promotion status, current status of hot spring utilization, hot spring resource conservation and management, hot spring resource conservation and conservation measures shall be stated in the hot spring discovery state, and the report date, acceptance date, and identification person shall be stated in the hot spring discovery state, and it can not be found that there is no provision about the change of the name of the hot spring developer, possibility of permission for the succession to the status, or procedure for the change of the name of the hot spring developer."

Therefore, the court below's acceptance of the plaintiff's claim of this case on the premise that the request for change of name in the report of a hot spring discoveryer is legitimate is erroneous in the misapprehension of legal principles as to the interest in the claim for change of name in the report of a hot spring discoveryer, which affected the conclusion of the judgment. Thus, the ground of appeal No. 1

3. Therefore, without examining other grounds of appeal, the judgment of the court below is reversed, and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Song Jin-hun (Presiding Justice)