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(영문) 서울중앙지방법원 2016.12.13 2015가단5340999
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Case history

A. While the Plaintiff was coloring a building suitable for the establishment of a pharmacy, the Plaintiff entered into a contract for acquisition or transfer of rights (facilities) with the Defendant, who is the representative director of the company F, and paid KRW 58,000,000,00 to the Defendant on the same day (hereinafter referred to as “transferor”) on September 17, 2015, at the coffee specialty store located in Jongno-gu Seoul on September 17, 2015, under which Nonparty D leased and used the third floor of the Jongno-gu Seoul E building No. 304-1 (hereinafter “instant store”).

2. (Purpose) Payment on September 17, 2015 shall be made in lump sum payment of the total premium of KRW 58,000 (Won 58,000,000).

The transferor and transferee of rights to the above real estate shall enter into a contract for the acquisition of rights as follows by agreement:

Article 2 (Transfer of leased Articles) The transferor shall transfer the above real estate to the transferee by the day immediately before the commencement of the lease contract, and the transferor shall remove all matters impeding the exercise of the right of lease and deliver all facilities and goodwill to the transferee, including all facilities and goodwill, so that the transferee can conduct the business immediately upon the receipt of any balance.

except as otherwise provided in the agreement.

Article 4 (Cancellation of Contract) (3) The transferor shall endeavor to make the lease contract between the owner and the transferee to the maximum extent possible on the basis of the terms and conditions of the lease contract (any change may be made at the request of the owner) under the following terms and conditions, and where the lease contract is not normally concluded or does not proceed with, the transfer of this right shall be canceled, and the down payment and intermediate payment received by

Deposit for lease-related lease.

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