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(영문) 광주지방법원 2017.11.17 2017가단5582
사해행위취소
Text

1. The plaintiff's claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion

A. In the Plaintiff’s idea of running a karaoke and singing practice room together with C, the Plaintiff spent KRW 147,690,000, such as the mechanical value of the Plaintiff’s karaoke and singing practice room, the interior work cost, real estate brokerage fee, signboard, electrical construction cost, etc. on the Plaintiff’s money. The Plaintiff entered into a business license and business registration of singing practice room and singing practice room in the name of C.

However, C notified the Plaintiff that he will not be married.

B. The Plaintiff demanded C to change the business license name and the business registration name of a karaoke machine into the Plaintiff, and C accepted this and accepted all the titles.

However, C did not change the name of the Plaintiff again, and continued to operate the danran and the singing practice room.

C. On August 17, 2016, the Plaintiff filed an application with C for a provisional disposition prohibiting alteration, such as the name of business license (Seoul District Court 2016Kahap397) and the decision of acceptance on August 31, 2016.

In addition, on August 31, 2016, the Plaintiff filed a claim against C for the implementation of the procedure for changing the business license name, etc. and the claim for return of unjust enrichment (Seoul District Court 2016Gahap1986).

The defendant's words C does not return the business profits of danran and singing practice room to the plaintiff, and deposit them in the bank account in the name of the defendant, thereby continuously donating the business profits to the defendant.

The amount of the above operating profit shall be presumed to be not less than 100,000,000 won in view of C’s business size, etc.

E. C is not the actual nominal owner of a karaoke bar and a singing practice room. Since it is merely the nominal nominal owner, C continues to engage in a business without refusing to conduct such procedures despite the implementation of the procedures for changing the business license of a karaoke bar and the business registration of a singing practice room, and thereby, thereby causing damage to the Plaintiff. Therefore, C is obligated to return its profits.

However, C.

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