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(영문) 춘천지방법원속초지원 2019.07.05 2018가단918

건물인도

Text

1. The defendant shall be the plaintiff.

A. Of the 293.80 square meters of the building on the 1st floor listed in the attached Table list, indication 1, 2, 3, 4, 5, 6, 1 of the attached Table.

Reasons

1. Basic facts

A. On August 26, 2015, the Plaintiff entered into a lease agreement with C to lease approximately KRW 99.17 square meters on the part (A) of the ship (hereinafter “instant building”) that connects each point of the attached Form No. 1, 2, 3, 4, 5, 6, and 1 among the 1st floor of the building indicated in the attached Table No. 293.80 square meters on August 26, 2015, with a deposit of KRW 10 million, monthly rent of KRW 80,000,000,000 for the period from September 1, 2015 to April 48, 2015 (hereinafter “the instant lease”). Around that time, C paid deposit of KRW 10,000 to C and received delivery from C.

B. On August 26, 2015, the Plaintiff entered into a sales contract for E (hereinafter “the instant premium contract”) with D (C) (hereinafter “C”) to purchase the business facilities and rights of E (hereinafter “instant restaurant”) in the instant building for KRW 130 million (hereinafter “the instant restaurant”) and acquired the said facilities from D (Evidence 7) and D.

C. On July 1, 2016, the Plaintiff completed business registration regarding the instant restaurant.

On May 30, 2017, the Plaintiff entered into an agreement with the Defendant to sell all facilities and rights related to the business of the instant restaurant in the amount of KRW 140 million as indicated in the attached Form “Agreement” (hereinafter “instant agreement”) and delivered the instant building and facilities to the Defendant around that time.

The contents of the instant contract are summarized as follows.

The remainder of the down payment of KRW 45 million until June 3, 2017; the remainder of KRW 95 million until June 15, 2017; and the balance of KRW 200,000 per month until June 15, 2017; and the monthly meal expenses of the F Company G engineer until December 31, 2018; the Defendant paid the unpaid portion in lump sum by December 31, 2018; and the Defendant paid the unpaid portion in lump sum until December 31, 2018; the proceeds from sale, when the Defendant performed the promise by December 31, 2018, shall be reduced to KRW 120,000,000, and if the Defendant delays the payment in installments (monthly payment) by the time the Defendant paid in full, this contract shall be null and void.