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(영문) 제주지방법원 2017.02.16 2016가합10380
관광사업권 건축허가 명의이전
Text

The defendant shall each regard the business rights listed in the attached Table 1 and the building permission listed in the attached Table 2 to the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff (the Plaintiff was established in 2008 for the purpose of selling and operating condominiums) held the right to the business rights listed in the attached Table 1 (hereinafter “instant business rights”) and the building permission listed in the attached Table 2 (hereinafter “instant building permission”) in the name of the Plaintiff (the Plaintiff was established in 2008 for the purpose of selling and operating condominiums).

B. Around June 14, 2012, B, registered as the representative director of the Plaintiff, transferred the instant business rights, etc. to the astronomical Book Co., Ltd. (hereinafter “astronomical Book”), and on June 22, 2012, Bocheon completed the registration of succession to the status of tourism business.

C. On October 31, 2012, the Plaintiff asserted that the transfer contract of the instant goodwill, etc. was null and void on the ground that it did not undergo a special resolution of the general meeting of shareholders, and filed a lawsuit seeking nullification (hereinafter “instant related lawsuit”). On August 28, 2014, the Jeju District Court rendered a judgment that accepted the Plaintiff’s claim on August 28, 2014.

(2012Gahap2923). Although the court of appeal appealed against the Nacheon, the court of appeal dismissed the appeal by the Gwangju High Court ( Jeju High Court Decision 2014Na996 decided April 29, 2015), and the Nacheon appealed appealed, but the Supreme Court rendered a ruling dismissing the appeal by the court of appeal.

(Supreme Court Decision 2015Da34031 Decided September 10, 2015) D.

Around April 2014, before the judgment of the court of first instance of the instant lawsuit was rendered, the Defendant transferred the instant business rights, etc. to the Defendant. Around that time, the Defendant filed a report on the succession to the status of tourism business.

E. B was sentenced to a judgment of conviction of two years of suspended execution in October on the ground of the crime of occupational breach of trust, and the above judgment became final and conclusive around that time. It became final and conclusive at the time of the death of the two-year period of suspended execution in October.

(f) laws and regulations relating to the instant case;

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