계약금반환
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.
1. Facts of recognition;
A. The Defendant is a person who leased 3 and 4 floors among the Gangnam-gu Seoul and D ground buildings (hereinafter “instant building”) and operated the Gosiwon (hereinafter “instant Gosiwon”).
B. On April 22, 2014, the Plaintiff entered into a contract with the Defendant for transfer and takeover of the right to receive KRW 120 million (hereinafter “instant contract”). On the same day, the Plaintiff paid KRW 25 million to the Defendant as the down payment. The main contents of the instant contract are as follows.
Article 2 [Business Rights] The transferor shall remove all the matters that interfere with the exercise of business rights, receive any balance, and transfer all all the facilities and rights so that the transferee can conduct the business immediately.
Article 4 [Cancellation of Contract] The transferor shall reimburse the transferor's remainder until the transferee pays the balance to the transferor, and the transferee may waive the down payment and cancel this contract.
Article 6 [Non-performance of Obligations and Compensation for Damages] (1) If a transferor or transferee has any non-performance of obligation under this contract, the other party may demand in writing the person who has performed the non-performance and rescind the contract.
(2) Where a contract is rescinded, the transferor and the transferee may claim damages from the other party, respectively.
Except as otherwise agreed, the criteria of Article 4 shall apply.
Article 8 [Contents of Facilities and Equipment] Contracts for various air conditioners, all facilities and equipment, and current facilities: The balance date shall be May 10, 2014, and there may be a little operation in the front and rear side under mutual agreement.
Conclusion of contracts after confirmation of various documents (a certified copy of the building land register, land use planning confirmation source, building register)
(b) enter into a lease agreement in line with the schedule of the building owner, as the change of the indication on the building ledger is made;
Matters of separate special agreement
1. The balance shall not be later than the date of balance;