1. It is confirmed that the business transfer agreement between the Plaintiff and the Defendant Company B on February 9, 2017 is null and void.

2...

Basic Facts

The F Hotel in Jeju City E (hereinafter referred to as the “instant hotel”) is a so-called “profit-type hotel” operated by an entrusted operator who has entered into an entrusted operation contract with a buyer for the operation of the hotel and pays operating earnings to the buyer. The Plaintiff is a corporation established on December 17, 2014 for the purpose of hotel, container, cooking management, operation, etc.

At the time of sale of the hotel in this case, the Plaintiff entered into an entrusted operation contract with the buyer, and accordingly, the Plaintiff operated the hotel in this case from October 2015.

Defendant C, on May 9, 2016, was appointed as the Plaintiff’s intra-company director and was dismissed on February 27, 2017, performed the duties as the Plaintiff’s representative. On January 31, 2017, Defendant C was appointed as the representative director of Defendant B Co., Ltd. (hereinafter “Defendant B”) and performed the duties as the Defendant B representative director.

On February 9, 2017, Defendant C, as the Plaintiff’s representative and Defendant B’s representative director, drafted a transfer contract with respect to the instant hotel as follows:

(hereinafter “this case’s transfer/acquisition agreement” and “the transfer/acquisition agreement of this case’s transfer/acquisition agreement of this case’s transfer/acquisition/transfer/acquisition agreement of this case’s transfer/acquisition/registration number of No. 4: H business location: Jeju E business location: The name of accommodation business (trade name): The transfer/acquisition of all business rights and obligations (including all business facilities) with respect to the F business establishment.

B. On February 9, 2017, Defendant B (representative director C) transferee of the Plaintiff (representative director) on February 9, 2017, Defendant B filed a report on the change of the business operator of the instant hotel on February 9, 2017 with the Jeju market along with the instant business transfer agreement, etc., and operated the instant hotel.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 and 11, and the purport of the whole pleadings against defendant B.