Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Article 1 of the facts of the foundation / [Purpose] The transferor and transferee of the right to the above real estate shall enter into a contract for acquisition of the right as follows by agreement:
The total premium 3,000,000 won per 3,000,000 won per u,000 won per u,000 won per u,00 won per u,00 won per u,00 won per u,00 won per u,00 won per u, and paid on February 28, 2014, and the balance amount per u,00,000 won per u,00 won per u,00 won per cu,00
Article 2 (Transfer of Facilities, etc.) of the scope of transfer (transfer of leased property) shall be delivered to the transferee by the day immediately before the commencement of the lease contract with the condition that the transferor is able to exercise the right to the above real estate, and the transferor shall remove all the matters, etc. that interfere with the exercise of the right to lease and include and deliver all the facilities and goodwill so that the transferee can conduct the business immediately
except as otherwise provided in the agreement.
Special Agreement Matters:
1. It shall be transferred or taken over under the current state of facilities;
When a lease contract is concluded on February 5, 2014, a security deposit shall be borne by the transferor.
2. The transferor is legally liable for any defect in administrative disposition.
The goodwill shall be a condition of succession.
3. An annex to the list of fixtures shall be attached.
4. A lease agreement shall be made between the principal and the confirmation cycle until February 28, 2014.
5. On February 5, the transferee of the intermediate payment (the deposit of KRW 5 million in the form of a right contract) shall be the 5th of the year in which the transferee prepares a letter of waiver.
On January 27, 2014, the Plaintiff entered into a contract with the Defendant for the transfer and acquisition of the right (hereinafter “instant transfer contract”) with the content that the Plaintiff will acquire all of the lease and facilities on the second floor entertainment restaurant 40 square meters (hereinafter “instant business site”) of the building located in Gwanak-gu in Seoul Special Metropolitan City (hereinafter “instant business site”) from the Defendant to KRW 43 million (the premium of KRW 33 million) (hereinafter “instant transfer contract”). The main contents of the said contract are as follows.
B. The Plaintiff and the Defendant provided a list of equipment on the date of the instant transfer agreement, and provided equipment.