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Reasons
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(영문) 수원지방법원 2017.02.07 2016구합66095
영업자지위승계신고 수리처분 취소 등
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1. On July 1, 2016, the Defendant’s succession to the status of the public bath business operator against the Intervenor joining the Defendant’s Intervenor.

Reasons

1. Details of the disposition;

A. On November 8, 2006, the Plaintiff leased the No. 301 through No. 307 of the third floor of the building No. 3 (hereinafter “the instant building”) owned by the Intervenor from the Intervenor’s Intervenor (hereinafter “ Intervenor”), and paid KRW 300 million to the Intervenor after the lapse of 3 days from the time when the Plaintiff commenced the interior construction of the said building for making soup and making soup business, and paid KRW 5,00,000 per month thereafter to the Intervenor, even if not, the Plaintiff commenced soup business until May 10, 207, and paid KRW 5,00,000 per month thereafter to the Intervenor.

B. The intervenor reported the change of the use of the instant building to “Class I neighborhood living facilities (general bath)” from “sale and business facilities (department department store and clinic).” On November 16, 2006, the Defendant notified the intervenors that the said report was dealt with.

C. On July 4, 2008, on the ground that the Plaintiff did not pay the remaining lease deposit amount of KRW 50 million to the Plaintiff, the Intervenor filed a lawsuit against the Plaintiff seeking the name map of the building (U.S. District Court 2008Gahap13619). On November 16, 2009, conciliation was established as follows (hereinafter “instant conciliation”).

Adjustment Clause (Evidence A No. 2)

1. An intervenor and the Plaintiff, who entered into a lease agreement, enter into a lease agreement for seven years from November 16, 2009 to November 15, 2016 regarding the instant building.

However, the above contract period may be extended by more than two years at the time of the plaintiff's request.

2. Amount to be paid;

A. The Plaintiff shall be paid to the Intervenor KRW 300 million as the lease deposit with respect to the instant building, and the KRW 100 million among them shall be paid up to December 21, 2009, and the remaining KRW 200 million up to December 21, 201.

(b) (Omission)

C. The Plaintiff is a monthly rent for the instant building (excluding value-added tax), 1) from November 16, 2009 to November 15, 201, and 2) from November 16, 201 to November 15, 201.

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