(영문) 의정부지방법원 2014.06.19 2013가단16893

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(영문) 의정부지방법원 2014.06.19 2013가단16893

중개료및권리금컨설팅수수료지급

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant, as the owner of Nos. 101 and 202 of the first floor of the building 1, 2, and 202 (hereinafter “instant commercial building”) of the Dongbcheon-si, operated a sliberist C as a slibery direct store in the instant commercial building for about eight years, and requested the Plaintiff to lease the building on April 2012.

B. After introducing D intended to rent the instant commercial building to the Defendant and going through an answer, etc., the Plaintiff and D entered into a contract for the acquisition and transfer of rights (facility) on October 22, 2012 between the Defendant and D (hereinafter “instant contract for the transfer of rights”). The Plaintiff set the total premium at KRW 320 million and the down payment at KRW 100 million, respectively, and attached to the contract by setting out a special agreement containing the following:

[Matters of Special Agreement]

1. This Agreement shall be concluded upon the completion of the contract of a lotia franchise store, shall be null and void, and shall immediately refund the down payment.

3. The balance shall be determined after one month, and if the head office is approved as a franchisee before the end, the balance shall be immediately transferred or taken over after the settlement of such balance.

C. Since then, according to the instant contract for the transfer of right, D pays the down payment of KRW 100 million to the Defendant, and the Defendant remitted part of the brokerage commission to the Plaintiff on October 23, 2012.

On November 22, 2012, the Defendant and D concluded a lease agreement with the Defendant to lease the instant commercial building (hereinafter “instant lease agreement”) by setting the lease deposit as KRW 500 million, monthly rent as KRW 9 million. D.

However, after entering into the instant contract for transfer of rights and the instant lease agreement, D did not obtain the approval of a franchise store from the Yaria franchisor on November 2012, 201, and the Defendant returned KRW 100,000,000,000 which was paid to D as the down payment, and the Plaintiff returned KRW 6,30,000,000,000,000,000,000,

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff.

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