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Reasons
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(영문) 부산고등법원 2015.03.12 2014나4453
영업허가명의말소절차이행
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. As to the instant case, the reasoning of the court’s explanation is as follows: “In the 6th to 10th floor of the instant real estate” in Part 6 of the judgment of the court of first instance, “in the 6th to 10th floor of the instant real estate,” and the Defendant’s addition of the following determination as to the matters alleged in the trial, it is identical to the part of the judgment of the court of first instance, and thus, it is acceptable in accordance with the text of Article 420 of the Civil Procedure

2. Additional determination is that the court of first instance ordered the Plaintiff to implement the procedure for cancellation of the business license stated in the separate sheet No. 1 at the court of first instance, even though the Plaintiff requested the procedure for cancellation of the procedure for business license stated in the separate sheet No. 1 at the court of first instance, it is obvious that the Plaintiff changed the purport of the request on May 21, 2014 to a selective claim for the implementation of the procedure for closure or cancellation of the procedure for closure of business report as to the business license stated in the separate sheet No. 1 at the date of first instance on May 21, 2014. It is obvious that the record shows that the Plaintiff changed the purport of the request to a selective claim on the date of first instance on May 21, 2014. Even if the Defendant was absent on the date of first instance, the Defendant had an opportunity to sufficiently address the changed claim of the Plaintiff at the court of first instance. The Plaintiff did not seek only the implementation of the procedure for closure of business license on February 26, 2015.

3. As such, the plaintiff's claim is reasonable, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit, and it is so decided as per Disposition.

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