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(영문) 대구지방법원 2016.01.28 2014가합3843

건물명도 등

Text

1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)

A. As to authorization to establish kindergartens listed in the attached list 3

Reasons

1. Basic facts

A. On August 30, 2012, the Plaintiff entered into a contract with the Defendant to sell the real estate listed in the separate sheet No. 1 (hereinafter “instant kindergarten building”) and the entire management right (hereinafter “the instant kindergarten” together with the instant kindergarten building”) for KRW 900 million (hereinafter “instant sales contract”) with the purchase price, and the down payment of KRW 48 million on the day of the sales contract; the intermediate payment of KRW 42 million on September 14, 2012; and the remainder of KRW 450 million on September 28, 2013; and the special terms and conditions of the instant sales contract are as follows.

◎ 특약사항

1. The current facility status contract shall be the area on the public account book;

2. The purchase price of real estate and premiums (the sale price of real estate shall be the current base price for the balance standard) plus real estate (land and buildings).

3. The change of founder shall actively cooperate with the plaintiff's responsibility;

4. All the current facility costs and kindergarten rights shall be transferred along with the intermediate payment, and the plaintiff and the defendant shall sign and affix their seals after confirmation.

5. The plaintiff actively consents if the defendant wants to maintain the qualification as the president in light of the circumstance.

6. All revenues and expenditures and transfer and operation of kindergartens shall be from October 1, 2012 after the payment of intermediate payments;

7. The remainder date shall be adjusted after mutual consultation in line with the date of change of a founder;

B. According to the instant sales contract, the Defendant paid to the Plaintiff KRW 48 million as the down payment on August 20, 2012, and KRW 42 million as the intermediate payment on September 14, 2012. On September 14, 2012, the payment date of the intermediate payment, the Plaintiff drafted a written agreement (Evidence 2, A; hereinafter “instant agreement”) with the Defendant as follows:

1. The sales amount of the instant kindergarten building shall be KRW 700,000 (70,000,000) per day, and the amount of premium (business rights) shall be KRW 200,000 (20,000,000) per day.

2. Registration of real estate: Change of the founder of a kindergarten;