(영문) 수원지방법원 2015.05.22 2014나41435

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(영문) 수원지방법원 2015.05.22 2014나41435

관리비

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. During the period of Ansan-si, the Defendant leased the Gu building C (hereinafter “instant building”) Nos. 305 through 309 (hereinafter “instant store” according to the heading number, and, in total, “the instant store” was referred to as “the instant store”) and operated a restaurant with the trade name “D universal bath” at that place.

On the other hand, the owner of the store No. 309 of this case is E, the husband of the defendant, and the owner of the store No. 305 to 308 of this case is F.

B. On November 29, 2013, the Defendant purchased the instant store from F around December 2013, 2013, where the Defendant had engaged in restaurant business with the instant store No. 309 as an agent of E, and the Plaintiff purchased the instant store No. 305 to 308, which had been engaged in restaurant business with the instant store No. 309.

On the same day, a contract for the transfer and acquisition of real estate rights (hereinafter “instant contract for the transfer of rights”) was concluded between the Plaintiff and the Plaintiff as a right holder of restaurant business in each of the instant stores on the same day.

The indication of real estate in the instant sales contract: The sales price for the store No. 309 of the instant case: 50 million won (the price for the store is KRW 20 million at the time of the contract, and the remaining 30 million on December 4, 2013, respectively) agreement is stipulated.

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

2. The balance of various public charges shall be settled by the seller on the basis of the balance date; and

5. The condition that the buyer guarantees business from the balance date ( December 4, 2013) to February 29, 2014 is that the current lessee guarantees business from the balance date.

6. The lessee is capable of connecting and using the above locations 305, 306, 307, and 308, and is the condition under which the lessee pays and uses a daily amount of KRW 00,000 (including a monthly amount of management expenses) by February 29, 2014.

The indication of real estate subject to the instant contract for the transfer of rights: The amount of each of the instant stores: (a) the amount of hot spring rights: KRW 40 million upon the contract; (b) the amount of KRW 40 million upon the remainder of December 4, 2013; and (c) the transferor’s remainder of KRW 20 million.

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