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(영문) 의정부지방법원 2014.11.06 2014가합3778
어린이집대표자 명의변경절차이행
Text

1. As to the authorization of child care centers listed in the attached list to the Plaintiff, the Defendant shall be the Plaintiff from the Defendant.

Reasons

Basic Facts

On March 30, 2012, the Defendant purchased D Apartment 201 103 dong 103 (hereinafter “instant apartment”) from the Gu government-si from C, and took over all the equipment and rights of E Child Care Center (hereinafter “instant Child Care Center”) installed therein, together with KRW 55 million, and changed the name of the representative to the Defendant and operated the said Child Care Center.

On February 2, 2013, the Plaintiff entered into a lease agreement with the Defendant to lease the instant apartment by setting the lease deposit amount of KRW 50 million, KRW 1.5 million, and the term of lease from February 2, 2013 to February 1, 2015 (hereinafter “instant lease agreement”), and the terms of the said special agreement are as follows.

Premium is not recognized by the defendant.

The representative shall be replaced in May 2014.

The defendant shall not produce the plaintiff for the direct operation or lease of the child care center, and shall lease the child care center at the current market price after two years from the change of the representative.

On the other hand, while entering into the instant lease agreement, the Plaintiff had the name of the representative of the instant childcare center transferred from the Defendant. However, the Defendant was exempt from the registration tax under the Restriction of Special Local Taxation Act, which was enforced at the time, since the Defendant acquired the instant apartment building for the establishment and operation of the childcare center, and there was a concern that the registration tax exempted if the name of the representative was changed, would be collected again. Accordingly, on May 2014, the date of acquisition, which was two years later from the date of acquisition, agreed to the Plaintiff to change the name on the authorization of the childcare center.

The plaintiff 'the same day' ① the defendant maintains the name of the representative of the child care center of this case, and the actual responsibility of the child care center of this case's possession, operation, profit-making, civil and criminal liability, etc. is against the plaintiff, so the defendant's name during the period of maintaining the name of the representative.

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