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1. Revocation of the first instance judgment.
2. The defendant's lien does not exist with respect to each real estate listed in the separate sheet.
Reasons
1. Basic facts
A. The defendant is a company with general travel business, etc., and Lossa Co., Ltd. (hereinafter “Rosa”)’s business purpose is a museum facility operation business, etc.
Rosort Rosor has operated theme park with the trade name of "rospakk" using each real estate listed in the separate sheet (hereinafter "the instant real estate").
B. On February 27, 2012, the Defendant leased (hereinafter “instant lease agreement”) a land, building, sled, sled, sled, sled, sled, sled, sled, book, parking lot amounting to 7.2 billion won (a contract amount of KRW 4.2 billion shall be paid at the time of a contract, received, and the balance of KRW 3 billion shall be paid on February 29, 2012), from April 1, 2012 to March 31, 2014 during the lease term (hereinafter “instant lease agreement”).
Paragraph 4 of the above lease agreement provides that "The lessee and the lessee may terminate this contract and take over the business if they comply with the requirements for taking over the business."
C. According to the instant lease agreement, the Defendant paid KRW 4.2 billion on February 27, 2012 as the lease deposit, and KRW 3.0 billion on February 29, 2012, respectively.
On March 23, 2012, the Defendant entered into a contract for the comprehensive takeover of business (hereinafter referred to as the “contract for the takeover of business of this case”) with its main contents as follows.
The business transferee and the defendant (hereinafter referred to as the "transferor") agree to take over the business as follows and enter into this contract:
Article 1 (Purpose of this Agreement) The purpose of this Agreement is to transfer to the assignee all the matters necessary for the transfer of the business from the transferor to the transferor, among the businesses operated by the transferor as of the base date of the transfer of the business (hereinafter referred to as “transfer to another business”), and assets and liabilities related thereto, and all other rights and obligations (hereinafter referred to as “transfer to another person”).
§ 3. Business takeover.