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(영문) 의정부지방법원고양지원 2020.12.11 2019가합77166

매매대금

Text

All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Fact-finding;

A. The Plaintiffs are the H representative director of the Plaintiff, who acquired the entirety business rights of the instant friendship from G on January 2, 2014 for the purpose of operating “F Co., Ltd.” (hereinafter referred to as “instant friendship”), among the four-story neighborhood living facilities, factories, educational research and welfare facilities (hereinafter referred to as “instant building”), 455.5 square meters of the first floor among the 4th floor D (Road Name Address: E) ground reinforced concrete structure, and the 473.6 square meters of the underground floor among the instant buildings (hereinafter referred to as “instant buildings”). The Plaintiffs are the H representative director of the Plaintiff, who was taking over the entire business rights of the instant friendship from G, before the business operator operated the instant friendship on August 2, 2013.

The Defendant is delegated by I, the former owner of the instant building, the authority to manage the instant building and conclude a lease agreement, etc., and managed the instant building.

B. Among the Plaintiffs and the Defendant, the sales contract entered into between the Plaintiffs and the Defendant with the content that the Plaintiffs (seller) would sell the instant letter of gift to the Defendant (Buyer) for KRW 700,000,000 (hereinafter “the instant sales contract”). The special terms and conditions at the bottom of the said sales contract and the attached “FF Co., Ltd. or facility management and business license transfer agreement” are included therein.

However, the seller and the buyer's column of the end of the statement are only written on the plaintiffs and the defendant's personal information, but they do not have a signature or seal, and there is no '46,000,000 won' or deposit details of the promissory note as stated in the addition.

The main contents of this case are as follows: (a) a seller sells general real estate, which is equivalent to the sale of real estate, shall take over all of the facility and all operation rights to a buyer up to October 30, 2014. A seller shall take over public charges (water, electricity, urban gas) incurred from November 1, 2014, public charges (water, electricity, urban gas), rent, monthly rent, building management expenses, and other expenses, and the number of defects and modifications of the facility (as a lessee of a building, CC).