(영문) 서울동부지방법원 2016.10.21 2015가단35523

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(영문) 서울동부지방법원 2016.10.21 2015가단35523

매매대금

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1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. Basic facts

A. On January 22, 2014, New Co., Ltd. (B) concluded a lease agreement with C with respect to the Eart building located on the Da1 floor located in Seongbuk-gu, Seongbuk-gu, Sungnam-gu (hereinafter “instant store”). However, on September 15, 2014, the new Co., Ltd. concluded a lease agreement with C (the period between January 22, 2014 and January 21, 2019) on the grounds that the remainder of deposit KRW 100 million and the remainder of deposit KRW 50 million were 10 million and the remainder of rent.

B. Around November 2014, F agreed to take over the instant store from C with the Plaintiff and F and G under a contract with the Plaintiff that “F would pay KRW 100 million to the Plaintiff, and at the same time, the Plaintiff would immediately transfer or discontinue the Plaintiff’s license to the Plaintiff, and at the same time consent to the operation of F with the contract.” On December 2014, G, a member of F, who is the Plaintiff, entered into an agreement with the Plaintiff that “F would pay KRW 50 million in cash and KRW 120 million in the name of the acquisition price of the refined C” (No. 573, 2014, a notary public).

C. A contract between the Defendant and F on the transfer of the right to a store (A3, B 1) entered into a contract with F on March 13, 2015 on the transfer of the right to a store with a facility premium of KRW 230 million with respect to the instant store, and on March 20, 2015, the location of the instant store was the location of the location of the place and registered as a joint business proprietor with C and H.

On March 21, 2015, the Defendant entered into a contract between the Plaintiff and the Defendant on the transfer of right to Maccop (A) on the condition that the Plaintiff and the Defendant pay KRW 120 million as the facility and premium with respect to Maccop in the instant store as follows (hereinafter “instant contract”).

(1) 50 million won shall be endorsed by the National Assembly President on a five-month check.

(2) 50 million won shall be a one-month check.

유사 판례

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