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(영문) 수원지방법원성남지원 2016.06.21 2015가단209971

매매대금반환

Text

1. The plaintiffs' primary claims against the defendants and the conjunctive claims against the defendant C are all dismissed.

2...

Reasons

1. Basic facts

A. A. Around January 2015, the Plaintiffs agreed from Defendant C to acquire and operate the F Child Care Center in the 1st century E-dong, Gwangju City (hereinafter “instant Child Care Center”).

Defendant C leased the child care center of this case from Defendant D and operated the child care center.

B. On January 28, 2015, Plaintiff A entered into a real estate right transfer agreement with Defendant C to acquire the right to the Child Care Center of this case in KRW 75,000,000, and Defendant C paid the down payment of KRW 20,000 on the date of the contract, and the remainder of KRW 5,00,000 on February 4, 2015.

Defendant C decided to transfer all rights to childcare centers to Plaintiff A at the same time as the remainder payment is made.

(hereinafter “instant contract”). C.

Plaintiff

B concluded a real estate lease agreement with Defendant D and Plaintiff D to pay KRW 50,000,000 to Defendant D for lease deposit and to succeed to the lease agreement with Defendant C and Defendant D pursuant to the agreement with Defendant C on January 29, 2015, and paid KRW 10,000,000 to Defendant C at the request of Defendant D on the day of the contract.

(B) The Agreement was made on February 4, 2015 to pay in advance. (D)

However, at the time, the representative of the child care center of this case was registered as G rather than Defendant C.

The Plaintiffs, on February 12, 2015, refused to pay the remainder on the grounds of such refusal, sent to Defendant C a certificate of content that the instant contract was concluded and asserted as null and void. On May 15, 2015, the Plaintiffs sent to Defendant D a certificate of content that the contract was rescinded for the same reason.

[Ground of recognition] The fact that there is no dispute, entry of Gap evidence 1 to Gap evidence 8, purport of whole pleading, and purport of whole pleading

2. The assertion and judgment

A. Defendant C, around the Plaintiff’s claim, around the child care center of this case.