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(영문) 인천지방법원 2017.07.19 2016가단223387

매매대금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

(b) the facts of the basis;

A. On June 20, 201, the Plaintiff entered into a contract with the Defendant for the transfer of rights to the Yeonsu-gu Incheon Child Care Center (hereinafter “Child Care Center”) located in Yeonsu-gu (hereinafter “instant contract”) (hereinafter “instant contract”). The main contents of the said contract are as follows.

* The representative is D and facility B.

1. The current number of authorizations is 27 persons, old 27 persons, and the present number of originals is 26 persons.

From 26 to 2 persons on the basis of the balance date, one million won per original student shall be offset when they escape the scope.

2. From the cost of August to the transferee, all nominal profits, such as cost and amount receivable until July, and government subsidies, are owned by the transferor.

4. Facilities shall succeed to their present state.

5. In the event that a lease contract is not concluded, this agreement shall become null and void.

6. The underwriter shall be from July 18 to July 29.

7. All documents necessary for the change of representative (such as a flame retardation certificate, gas, and certificate of electrical construction) shall be succeeded by a transferor to a transferee and, if necessary, borne by a transferee.

13. A contract on transfer of rights and a lease contract shall be null and void when any administrative disposition occurs due to an inspection conducted to view the remainder; and

B. After entering into the instant contract, the Plaintiff paid KRW 100 million to the Defendant, who is the representative of the instant childcare center, paid KRW 20 million to Nonparty D, who is the representative of the instant childcare center, and D applied for the change of the head of the instant childcare center from the Defendant to the Plaintiff, and the Plaintiff operated the instant childcare center upon obtaining authorization for change around that time.

C. On the other hand, the child-care center of this case is located on the second floor of commercial building, and its representative cannot be changed pursuant to the Infant Care Act and the Enforcement Rule after January 29, 2005.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 2, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Plaintiff’s assertion of invalidity due to the primary impossibility is against this.

참조조문