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(영문) 수원지방법원 평택지원 2018.10.30 2017가단60657
건물명도(인도)
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. The Plaintiff asserted that the Plaintiff agreed to transfer all rights and obligations comprehensively to the Plaintiff when the Defendant’s management of E stores and F Points and the time when the Plaintiff could take over the E stores and F Points came, while concluding a transfer contract with the Defendant as to E points at the place of business as indicated in the separate sheet with the Defendant.

This is because, at any time upon the plaintiff's request, the defendant has the duty to change the name of the business operator to E and leave the building indicated in the attached list, and the plaintiff expressed the above intent to the defendant on May 1, 2008, the defendant is obligated to implement the procedure for changing the name of E store business registration and leave the building indicated in the attached list.

2. As to the plaintiff's lawsuit of this case against the non-litigation defense, the defendant asserts that the lawsuit of this case is unlawful as it goes against the non-litigation agreement.

In light of the facts without dispute, Gap evidence Nos. 2 through 5, Eul evidence Nos. 7 through 9, Eul evidence Nos. 11 through 27, and Eul evidence Nos. 11 to 27, the plaintiff actually operated E points in the name of the user, Pyeongtaek-si G F points in the name of H, and the plaintiff and Eul who was scheduled to take over the above store were asked the defendant to change the E points to the defendant's name and operate the D restaurant after three months, and the F points vary to operate together. The plaintiff I and the defendant requested the defendant to pay the above debt Nos. 23,840,250, Eul's business registration Nos. 250, 7,400, 400, 400, 300, 300, 300, 300, 300, 300, 300, 200, 300, 300, 300, 2000.

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