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(영문) 수원지방법원 2015.09.09 2014나45727

권리금 반환

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. During the period of Ansan-si, the Defendant is operating a mutual restaurant of “I” by leasing five units of the five units of the building Nos. 305, 306, 307, 308, and 309 (hereinafter referred to as the “instant building”) among the five units of the building No. 305, 306, 307, 308, and 309 (hereinafter referred to as the “instant building”).

On April 26, 2013, the defendant purchased 47 million won under the name of the defendant's husband F, and the same year.

5.6. 309 shall complete the registration of ownership transfer.

B. Since then, the Defendant decided to sell 309 units to the Plaintiff via the brokerage of Licensed Real Estate Agent G, and prepared two contracts between the Plaintiff and the Plaintiff on November 29, 2013 as follows.

The indication of real estate: The sale price of KRW 309: 50 million (the balance of KRW 20 million at the time of a contract and the payment of KRW 30 million at the time of a contract): The seller's agent, the defendant, and the buyer: A special agreement entered into by the plaintiff's agent;

1. It shall be traded on the basis and the present state of facilities;

4. Both parties shall comprehensively transfer and take over rental business operators; and

5. The buyer is deemed to have a clerical error in the entries of February 28, 2014 from the balance date ( December 4, 2013) to be the current lessee on February 28, 2014. Thus, the buyer’s explanation on February 28, 2014.

It is also a condition that the business will be guaranteed.

6. The lessee is entitled to consolidated use with heading 305, 306, 307, and 308 and to pay and use KRW 1.5 million per month by February 28, 2014 (including monthly rent for management expenses).

7. The seller and the wife of the seller, after the call of the excursion ship, will enter into a contract on behalf of the seller and affix his/her name and seal to the seller at the time of balance;

1) A commercial sales contract (hereinafter “instant sales contract”)

() The sales contract for business rights to real estate indicated below shall be concluded as follows. The amount of H rights to the instant store (area 103.747 square meters): KRW 40 million (contract deposit amounting to KRW 20 million: KRW 15.5 million) in the event of a contract, an intermediate payment of KRW 15.5 million in the remainder of KRW 4.5 million on December 4, 2013, and the remainder of KRW 4.5 million on February 28, 2014 - the owner’s personal information: F and one other.