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(영문) 부산고등법원 2015.01.14 2014나1362
어린이집인가증 인도 등
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.

2. The appeal costs.

Reasons

1. The facts following the facts of recognition do not conflict between the parties, or can be acknowledged in full view of the overall purport of the arguments in Gap evidence Nos. 1 to 7 (including, if any, the identification number; hereinafter the same shall apply) and Eul evidence No. 1.

On February 2, 2001, the Defendant opened an I childcare center on the first and second real estate in attached Table 1 attached hereto and reported it to the head of Seo-gu Busan Metropolitan City, which was operated by the Defendant. On November 11, 2010, the name of C childcare center (hereinafter “instant childcare center”) was changed to C childcare center, and on November 15, 201, the name of the president (the head of the facility) was changed to the Defendant.

B. On May 6, 2013, the Plaintiff entered into a sales contract with the Defendant and each real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) (hereinafter “instant sales contract”), including the building in which the instant child-care center is established, and the sales contract (hereinafter “contract No. 1”) is “50 million won,” and the lower part of the “special agreement: (a)” is added to the lower part of the contract at the time of registration (non-goods and sales rights amounting to KRW 85 million).

C. On June 27, 2013, the Defendant received any balance from the Plaintiff and completed the registration of ownership transfer for each of the instant real estate to the Plaintiff, and at the time, completed the registration of ownership transfer for each of the instant real estate.

) There is no special agreement, and the purchase price is the same as the sale price (the land, which is the subject matter of the sale, was originally two parcels, but among which the land of Busan Seo-gu J 42m2 was merged into the real estate No. 1 on July 23, 2013 as stated in the attached Table 1.

. Agreed Roster;

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

2. The period of extension, construction, etc. of a child-care center at issue shall be completed by August 30, 2013;

3. The time of change of the representative of the above child care center shall be September 13, 2013.

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