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(영문) 의정부지방법원 2017.01.18 2016가합54626
영업신고증 명의변경절차이행 청구의 소
Text

1. As to the business report stated in the attached business report form to the Plaintiff, the Defendant shall name the representative from the Defendant to the Plaintiff.

Reasons

1. Basic facts

A. On December 5, 2013, the Plaintiff acquired by transfer the general restaurant business “E” located in Gyeonggi-gu D (hereinafter “E”), and received the transfer of the name of the representative of the business report.

B. On April 20, 2014, the Plaintiff entered into a lease agreement with the Defendant on the condition that the instant restaurant building (hereinafter “instant building”) is leased with a deposit of KRW 2.5 million, annual rent of KRW 4 million, annual rent of KRW 4 million, and from April 25, 2014 to 12 months (hereinafter “instant lease agreement”). On April 25, 2014, the Plaintiff agreed to deliver documents necessary for the succession of the instant restaurant business report to the Defendant and deliver all relevant documents to F upon the termination of the lease agreement, instead of actively cooperating with the Defendant.

C. The Plaintiff issued documents necessary for changing the name of the representative of the instant restaurant business report to the Defendant around the date of the conclusion of the instant lease agreement, and around that time, the date of preparation from the Defendant was blank: ① Transfer/acquisition of the content that the Defendant transfers all the business rights of the instant restaurant; ② Transfer/acquisition of the content that the successor transfers all the business rights of the instant restaurant to the Plaintiff; ② Report on the succession to the status of the food business operator that the Defendant, the successor, the Plaintiff, the Plaintiff, the power of attorney in the name of the Defendant, and ④ Copy of the Defendant’s resident registration certificate.

On May 28, 2014, the Defendant completed the procedure to change the name of the representative of the instant restaurant business report to the Defendant, and changed the trade name to “G” and operated the restaurant business.

E. F: (a) filed a lawsuit against the Defendant with the District Court Decision 2016Ga16244, J, on the ground that the instant lease agreement was terminated on October 26, 2016.

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