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(영문) 부산지방법원 2014.06.18 2014가합1662
영업허가명의변경절차이행
Text

1. The defendant shall comply with the procedure for reporting the business closure as stated in the attached Form 1 to the plaintiff.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The Plaintiff is a legal entity that currently owns the real estate listed in the Attachment No. 2 (hereinafter “instant real estate”), and the Defendant is a person who, from February 22, 2002, obtained a business license as stated in the Attachment No. 1 (hereinafter “instant business license”) from the second floor of the instant real estate from February 22, 2002 to the same business license as that stated in the Attachment No. 1. 1.

B. The instant real estate was sold to B and C through a voluntary auction on December 9, 201, and thereafter, the Plaintiff purchased the instant real estate from B and C on November 18, 2013, and completed the registration of ownership transfer on December 10, 201.

C. Meanwhile, in the above voluntary auction procedure, the Defendant delivered the part of the instant real estate leased and used to that person upon sale to B and C, but did not comply with the procedure for reporting the closure of the instant general lodging business in its name until now.

[Ground of recognition] Unsatisfy, Gap evidence No. 1 (including virtual number), fact-finding to the head of the ideology and body of the court in Busan, the purport of the whole pleadings

2. Determination as to the cause of claim

A. According to the above basic facts, the defendant did not comply with the procedure for reporting the closure of the business permission of this case without a legitimate authority to use and benefit from the real estate of this case and thereby hindering the plaintiff, the owner, from using and benefiting from the real estate of this case in conformity with the purpose of use. Thus, the plaintiff, upon the plaintiff's claim for exclusion of interference based on ownership, is

B. As to this, the Defendant asserted that even if the Plaintiff acquired the ownership of the instant real estate, insofar as the Defendant did not enter into a business license agreement with the Defendant, it cannot seek implementation of the procedure for reporting the closure of business regarding the instant business license. However, the Plaintiff’s claim for exclusion of interference based on the ownership of the instant real estate, seeking implementation of the procedure for reporting the closure of

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