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(영문) 부산지방법원 2016.12.08 2016가합2393
영업허가권양도
Text

1. The defendant shall implement the procedure for changing the name of the business operator with respect to the business permission stated in the attached list to the plaintiff.

2...

Reasons

1. Facts of recognition;

A. On December 19, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, stipulating that the Plaintiff shall lease deposit money of 30 million won, monthly rent of 1.2 million won, and the lease period of 1.2 million won to the Defendant from December 19, 2013 to December 18, 2014 (hereinafter “instant lease agreement”).

B. The Defendant obtained a license to conduct an attached business in the name of the Defendant (hereinafter “instant business license”) and operated an entertainment drinking house with the trade name “D” from the leased object of this case.

C. If the Defendant did not deliver the leased object of this case to the Plaintiff even after the termination of the instant lease agreement, the Plaintiff filed a lawsuit with the Changwon District Court seeking the delivery of the leased object of this case, and obtained a favorable judgment on October 7, 2015 (2015da12010), and the said judgment became final and conclusive around that time.

However, the permission of this case was not revoked until now.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination as to the cause of action

A. Despite the termination of the lease contract of this case asserted by the plaintiff, the name of the business permission of this case is still changed to the name of the defendant. The defendant should change the name of the business permission of this case to the name of the plaintiff, a lessor, as a reinstatement following the termination of the lease contract of this

B. Considering the existence of a duty to change the name of business license and the relevant provisions of the Enforcement Rule of the Food Sanitation Act, comprehensively taking account of the following factors: (a) a lessee rents a building part of a building used as an entertainment drinking house to a lessor and operates entertainment bar business with permission under the name of a lessee during the lease term; and (b) a lessee agrees to change the name of permission under the name of a lessor

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