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(영문) 대구고등법원 2019.03.29 2018나276
부당이득금반환
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

Basic Facts

The Defendants, as married couple from July 2005, leased land D in Daegu Dong-gu (hereinafter “instant land”) and the building on its ground from July 2005, and operated restaurant “E” (hereinafter “E”) under the name of J.

The Plaintiff is the person who acquired the right to the restaurant in this case from the Defendants, and F is the owner of the land and the building in this case.

The Defendants entered into a contract with the Plaintiff on May 19, 2015, under which the Defendants comprehensively transferred to the Plaintiff all rights and obligations related to business, such as the right to lease of stores, facilities in the place of business, house fixtures, and fixtures of the instant restaurant (hereinafter “instant contract for transfer and premium”).

On the same day, the Plaintiff paid the Defendants a down payment of KRW 100 million out of KRW 500 million for the agreed premium (hereinafter “instant premium”).

In accordance with the instant transfer and premium agreement, the Plaintiff entered into a lease agreement between F and F on July 1, 2015, under which the Plaintiff leased the instant restaurant store from F to five years from July 1, 2015, and KRW 5 million from the rent month (including value-added tax) (hereinafter “instant former lease agreement”), and began the instant restaurant business around that time.

On July 11, 2015, the Defendants drafted a new contract on the instant transfer and premium contract with the Plaintiff.

The main contents of the above contract shall be as follows:

1. The trade name of the land in this case where the real estate is displayed;

2. As to the above real estate under Article 1 (Purpose) of the terms of a contract, the Defendants and the Plaintiff enter into a contract for acquisition of rights as follows by agreement.

(3) The Defendants are entitled to change the terms and conditions of the lease agreement with the owner before the remainder payment date (the term and conditions of the lease agreement can be changed at the request of the owner).

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