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(영문) 서울고등법원 2020.09.11 2019나2051032

매매대금반환

Text

1. Revocation of the first instance judgment.

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The Defendant is a stock company that engages in real estate development business, construction business, real estate management agency business, etc., and the sales-type accommodation facilities (hereinafter “instant hotel”) on the ground outside of O in Seopopopo City and four parcels.

(2) The Plaintiff is a person who purchased the hotel C and D of this case from the Defendant.

B. On August 12, 2015, the Plaintiff entered into a sales contract and a lease contract and transferred ownership (1) with the Defendant for the purchase price of the instant hotel C in KRW 98,054,870, and the sales price of the instant hotel D in KRW 110,352,870, respectively (hereinafter “instant sales contract”).

(2) On August 13, 2018, the Plaintiff concluded the registration of ownership transfer under the Plaintiff’s name with respect to the hotel C and D, and completed the registration of ownership transfer with respect to the same hotel C and D on the same day to P on the same day.

On the other hand, the Plaintiff spent the total of KRW 9,635,680 (=No. 4,545,700 Won d heading 5,089,980) at the expense of certified judicial scrivener fees, acquisition tax, etc. in the process of registration of transfer of ownership in relation to the hotel C and D of this case.

Term of lease: Fees and basic fees for ten years from November 14, 2018 (after three months from the date of registration of transfer of ownership in the name of the plaintiff) to November 14, 2028 shall be 5% (including value-added tax) of the selling price (including value-added tax) respectively.

Subject to the condition that a lessor does not receive a fee only for the period of operational adaptation (including 90 days from the date of transfer, the period of lease) to the lessee, he/she shall be paid 8% per annum (including value-added tax) of the selling price (including value-added tax) plus additional fees.

A lessee may make a proposal of a deposit to a lessor by mail between the subject matter of sale, the date of transfer and the date of approval for use, and a lessor shall pay the basic fee.