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(영문) 대구지방법원포항지원 2015.10.06 2014가단9463

건물명도

Text

1. The defendant shall deliver to the plaintiff A each real estate listed in the separate sheet.

2. The plaintiff B's claim is dismissed.

3...

Reasons

1. Basic facts

A. Nonparty E operated “F” in each real estate listed in the separate sheet (hereinafter “each of the instant buildings”) that he/she owned, and entered into a contract with Defendant and F on July 6, 201, under which he/she transferred his/her business and leased each of the instant buildings (hereinafter “instant one contract”). Around that time, Nonparty E paid KRW 10,000,000 for the premium on July 7, 201 under the instant one contract.

- The seller E and the buyer both enter into a sales contract for all rights of the Taekwondo place (not the virtual sale).

- Total amount of premium : 500,000,000 - Contract amount: 10,000,000 won (50,000,000) and 6th day of each month.

- Contract term: From July 6, 201 to August 6, 2015, 10,000 won shall be paid in 50 installments, each on the six day of each month.

- The buyer shall pay 10,000 won per personnel when he receives the examination of the Authorized Roster from F2 to 10 on condition that the buyer uses the trade name of the seller and the registration of the Taekwondo Association.

- When the buyer has made up of a maximum of two months of the terms of the above agreement to the seller, the premium already paid to the seller shall belong to the seller, all rights (such as trainees, facilities, fixtures, and four vehicles) to the Taekwondo Chapter shall belong automatically to the seller, and the buyer shall waive all rights automatically.

- The seller shall pay 100,000,000 won to the buyer all the amount performed between the seller and the seller in return for the failure to perform the contract without consultation with the buyer.

In addition, the priority of commercial sales shall be given to the buyer at the expiration of the contract.

- When the contract period expires, all rights to F (such as trainees, facilities, fixtures, four vehicles, etc.) shall belong to the buyer.

B. After that, upon proposing that the Plaintiff A sell each of the instant buildings, E would cancel the agreement and transfer the F’s business from the Plaintiff to the Defendant, and lease each of the instant buildings.