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(영문) 대구지방법원 2018.08.23 2016가합4017

부당이득금반환

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On May 19, 2015, the Defendants concluded a business transfer agreement and premium agreement (hereinafter “instant transfer agreement”) with the Plaintiff, which comprehensively transfers to the Plaintiff all rights, such as the store lease, facilities in the restaurant, and house construction, related to the “E” (hereinafter “E”), a restaurant located in Daegu-gu D (hereinafter “instant land”).

B. On July 11, 2015, the Defendants drafted a new contract on the business transfer, etc. of the instant restaurant with the Plaintiff. In comparison with the instant transfer and premium contract, the important matters added to the said contract are as follows.

The scope of transfer: All the Defendants, such as facilities, equipment, fixtures, etc., except buildings in the instant land, shall endeavor to conclude a lease agreement with the Plaintiff by the owner and the Plaintiff not later than the payment date of the remainder. In the event that the lease agreement is not normally concluded or does not proceed, this contract shall be rescinded. The down payment and intermediate

C. On July 1, 2015, according to the instant transfer and premium agreement, the Plaintiff entered into a lease agreement with F as to the instant restaurant stores for five years from July 1, 2015, and the rent was KRW 5 million per month (including surtax) (hereinafter “instant former lease agreement”), and began the instant restaurant business from around that time.

Meanwhile, on May 19, 2015, the date of the instant transfer and premium contract, the Plaintiff paid KRW 500 million to the Defendants, including KRW 100 million paid as down payment, which is the date of the instant transfer and premium contract.

The details of the building without permission by the user (owner) of the sub-owner of the sub-owned land in this case are 60.76 restaurant board in the Gu-gu, Do-dong, Do-dong, Do-dong, Do-dong, Do-dong, 60.76 restaurant wooden Division and 72 warehouse board.7.8.