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(영문) 서울고등법원 2016.06.01 2015나2049802
해고무효확인
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. (i) The Plaintiff and the Defendant served as the president of the C Care Center (hereinafter “instant Medical Care Center”) from December 30, 2013 to July 16, 2014; and the Defendant is the installer of the instant Medical Care Center.

B. On December 5, 2013, the Defendant prepared a labor contract between the Plaintiff and the Plaintiff to employ the Plaintiff as the president of the instant medical care center (hereinafter referred to as the “instant contract”). On December 29, 2013, the Defendant reported the instant medical care center to the head of Seongbuk-gu Seoul Metropolitan Government, by having the Defendant as the founder and the Plaintiff as the head of the facility. On the same day, the Defendant was designated by the head of Seongbuk-gu Seoul Metropolitan Government as the long-term medical care institution for the elderly and commenced the operation of the medical care center.

Abstract from January 29, 2014 to the same year

6. By the end of each month, the amount of KRW 3 million was received from the account in the name of “C Care Center B” under the name of the president of the instant medical care center by the end of each month.

Applicant on July 16, 2014, the Defendant issued the notice of termination of the contract to the Plaintiff by means of content-certified mail (hereinafter “instant termination notice”), and filed a report on the change of medical welfare facilities for the aged with the content of the Defendant’s establishment on the same day.

B. The particulars leading up to the purchase of the instant medical care center and the conclusion of the instant business agreement between the Plaintiff, Defendant, and E, and the instant medical care center (hereinafter “instant real estate”) located in Seongbuk-gu Seoul Metropolitan Government 605 square meters and on its ground were owned by the Medical care center F (hereinafter “F”). On November 19, 2009, the instant real estate was subject to public auction in the process of corporate liquidation after the revocation of the permission to establish the FF’s incorporation on or around November 19, 2009.

B. On November 4, 2013, the Defendant purchased the instant real estate at KRW 1.877,550,000,000,000 for the said public sale. The buyer continues to operate the instant medical care center and violated the foregoing matters.

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