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(영문) 춘천지방법원속초지원 2015.08.13 2015가합51
영업허가등록말소
Text

1. The defendant shall comply with the procedure for reporting the closure of business as stated in the attached Form to the plaintiff.

2. The costs of lawsuit shall be.

Reasons

1. Facts of recognition;

A. On July 2014, the Defendant: (a) changed the name of the business operator of the business report reported (hereinafter “instant business report”) as indicated in the attached Form to the Gangwon-gun D Ground Building (hereinafter “instant building”) owned by C; and (b) operated the Moel and removed the Moel.

B. The Plaintiff purchased the instant building from C and completed the registration of ownership transfer on November 28, 2014.

C. The Defendant did not comply with the procedure for reporting the closure of the instant business report until now.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of recognition, the defendant failed to comply with the procedure for reporting the closure of the business of this case without a legitimate authority to use and profit from the building of this case and thereby hindering the plaintiff, the owner, from using the building of this case in compliance with the purpose of use and profit-making. Thus, according to the plaintiff's request for exclusion of interference based on ownership, the defendant is obligated to perform the procedure

As to this, the defendant, while he intended to purchase the real estate of this case, acquired ownership by actively participating in the double selling of C, the plaintiff alleged that the contract between the plaintiff and C becomes null and void, and thus, the plaintiff's claim of this case is inappropriate. However, it is insufficient to recognize the fact that the plaintiff actively participated in the double selling of C by itself, and there is no other evidence to acknowledge this differently. Thus, the defendant'

3. In conclusion, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.

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