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(영문) 대전지방법원 서산지원 2017.02.09 2015가합50391
원상회복 등 청구의 소
Text

1. Defendant B:

(a) As shown in Appendix 2 with respect to the real estate listed in Appendix 1 List 1.

Reasons

1. Basic facts

A. On September 3, 2009, the Plaintiff purchased a commercial building listed in attached Table 1 Paragraph (1) of the attached Table (hereinafter “instant commercial building”) located in E (hereinafter “instant building”). On December 3, 2009, the Plaintiff operated a Class 1 entertainment tavern with the trade name “F” after obtaining permission for changing the use of the instant commercial building from “general restaurant” to “a amusement facility” from “general restaurant.”

B. On April 7, 2010, Defendant B purchased a commercial building listed in attached Table 1 List 4, which is located in the instant building, and obtained permission from the Si of the Si of the Gujin on August 24, 2010 to change the use of the said commercial building from “sales store” to “medical facility dental hospital”, and operated the said dental hospital in the name of “G dental hospital” (hereinafter “instant hospital”).

C. On December 17, 2012, Defendant B established the Defendant medical corporation C (hereinafter “Defendant corporation”) and assumed office as its representative (i.e., resigned on November 1, 2014; and (ii) transferred the ownership of the instant hospital to the Defendant corporation on December 31, 2012.

In order to expand the instant hospital to each commercial building listed in attached Tables 2 and 3, Defendant B, the owner of the said commercial building, on July 1, 2014, caused H to donate the instant hospital to the Defendant corporation.

At the time, in order to obtain permission to change the use of each of the above commercial buildings into a sales facility, the use of the commercial buildings of this case in the same building should not remain as a amusement facility. Therefore, Defendant B proposed to purchase the commercial buildings of this case for the purpose of changing the purpose of use to the Plaintiff.

E. On December 18, 2014, the Plaintiff entered into a provisional contract with Defendant B on the instant commercial building (hereinafter “instant provisional contract”). The provisional contract amount: the seller (Plaintiff) and the buyer (Defendant B) are general restaurants in amusement facilities that change the purpose of use of the instant commercial building.

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