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(영문) 서울중앙지방법원 2015.08.19 2015가합1739
관광진흥법상 관광사업자의 지위 존재확인
Text

1. The plaintiffs' lawsuit of this case is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

The summary of the case is that Plaintiff E’s status as a tourism business operator should be maintained and legally protected until he/she succeeds to the status of Plaintiff E’s tourism business operator until he/she succeeds to the right to operate a hotel legally from Plaintiff E and satisfies the requirements required under the Tourism Promotion Act, with respect to the hotel as stated in the purport of the claim that Plaintiff E registered as a tourist accommodation business operator, and the Plaintiff E’s status should be verified against the Defendant.

In fact, on July 22, 2010, Plaintiff E registered tourist accommodation business (tourist hotel business) under the Tourism Promotion Act with respect to the instant hotel.

On November 1, 2010, the above hotel building was registered for the preservation of the Plaintiff E, and the registration of ownership transfer was completed under the name of the Asian Trust Co., Ltd. on October 2, 2014.

Then, the Grand Co., Ltd. completed the registration of ownership transfer by corporate mergers on July 16, 2015.

【The ground for recognition, the entry of Eul's evidence No. 1, and the purport of the whole pleading of this case as to the legitimacy of the litigation of this case is not always limited to the legal relations between the parties, but also the legal relations between one party and a third party or between a third party. However, in order to have the interest to seek confirmation of the legal relations, it is necessary to immediately confirm the legal relations by the confirmation judgment in order to remove any danger or omission existing in the party's rights or legal status according to the legal relations, and it should be the most effective and appropriate means.

(see, e.g., Supreme Court Decision 2013Da30196, Dec. 12, 2013). Tourism Promotion Act is under the Civil Execution Act.

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