1. Revocation of a judgment of the first instance;

2. On January 20, 2014, the Defendant limited to Saland Co., Ltd. on January 20, 201.

1. Case history

A. The Plaintiff, at Jeju-si, operated Cju Recreation, which is equipped with ancillary facilities, such as restaurants, stores, seminars, etc. (hereinafter “instant containers”), on the guest rooms 50 rooms and underground floors in B at Jeju-si, and completed the registration of tourist accommodation business (responding condominiums) on November 23, 1998.

B. The Intervenor joining the Defendant (hereinafter “ Intervenor”) purchased 43 guest rooms of the instant containers awarded a successful bid in the Jeju District Court J voluntary Auction case from D, E, F, G, H, and I. In the Jeju District Court’s Voluntary Auction case, the Intervenor awarded 2 or 7 successful bid except subparagraph 1 among the ancillary facilities located underground floor and acquired 43 guest rooms and most of the ancillary facilities among the instant containers.

On the other hand, the plaintiff owns only 45/50 shares for one guest room among the containers in this case, one ancillary facility, and only one access road.

C. On December 17, 2013, an intervenor reported to the Defendant that he succeeded to the Plaintiff’s status as a tourist accommodation business operator (referring to a person registered as a tourist accommodation business operator pursuant to Article 4 of the Tourism Promotion Act; hereinafter the same shall apply). The Defendant accepted the report on January 20, 2014.

(hereinafter referred to as “instant acceptance”). [Grounds for recognition] The fact that there is no dispute, Gap evidence 3 through 5, Eul evidence 8 and 14 (including each number), the purport of the whole pleadings.

2. Determination on this safety defense

A. (1) The acceptance of the summary of the instant assertion by the Defendant and the Intervenor is merely an act of confirming the fact that he/she succeeded to the status of the previous business operator, and thus cannot be subject to an appeal litigation. (2) The act of the permission-granting agency accepting a report on succession to status under Article 8(4) of the former Tourism Promotion Act (amended by Act No. 10219, Mar. 31, 2010) is merely the act of the transferee based on the legal effect of the transfer of business under private law that has already occurred between the transferor and transferee.