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(영문) 대전지방법원서산지원 2019.11.14 2018가합51845
건물명도(인도)
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. On December 29, 2017, the Plaintiff entered into a contract on the transfer of rights (hereinafter “instant contract on the transfer of rights”) with the Defendant to acquire the facilities and rights (including the entire business rights) with respect to the instant store (D Chungcheongbuk store) operated by the Defendant from the Defendant from the Defendant for KRW 150 million, and paid 50 million down payment to the Defendant on the same day.

B. On June 11, 2018, the Plaintiff and the Defendant agreed to add the following to the instant right transfer agreement (hereinafter “instant additional agreement”) (hereinafter “instant additional agreement”).

The Defendant requires the buyer to add due to the seller’s non-performance of the contract for the transfer of rights.

Article 1 (Penalty) (1) Compensation due to the failure to perform the above contract shall be compensated for the penalty of KRW 300,000 per day by the time the store is transferred (from June 1, 2018 to November 16, 2018).

2) In the event of the occurrence of the above amount of compensation, the final premium should be paid first except in advance.

3) By September 5, 2018, the Defendant shall deliver the copy of the contract for the store to be transferred and the copy of the passbook for the transaction of the purchase price to the purchaser. 4) The Defendant shall compensate the purchaser for the amount double the down payment at the time of cancelling the contract.

Provided, That the costs of replacing a signboard shall be borne by the seller in addition to damages by 300,000 won per day at the time of destruction after the date of the above 3th paragraph.

When the replacement of a signboard is not performed, premium 130% of the estimated amount shall be excluded.

6) An application for acquisition by transfer submitted to the Company shall be prepared on June 10, 2018, provided that, on June 11, 2018, the submission of the application shall be reserved when the authentication of this document is carried out mutually. 7) The confidential information of the purchase price for third parties shall be deleted when the undertaking is not carried out on September 5, 2018.

8) On and after November 16, 2018, this Agreement will be automatically reversed. Article 2 (Transfer 1) On the transfer of a store, the signboard, external condition, and equipment and items necessary for the installation, electrical equipment and operation of internal interior interior interior interior interior interior interior interior equipment and items shall be handed over without failure.

2) damage to 1) business operations.

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