(영문) 청주지방법원 2018.05.24 2017가합203364

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Reasons

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(영문) 청주지방법원 2018.05.24 2017가합203364

권리금 반환 등 청구

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant leased 105 U.S. F 105 (hereinafter “instant office”) from E, and operated the real estate agent office in the name of “D Licensed Real Estate Agent Office” from the said office until January 2017.

(b)[Terms of Contracts] Article 1 (Payment of Premiums) new lessee (Plaintiff) shall pay to the lessee (Defendant) premium as follows:

Total premium amounting to KRW 23,00,000 down payment amounting to KRW 5,000,000 shall be paid and received at the time of the contract. Any balance of KRW 18,000,000 shall be paid on January 12, 2017.

Where a lease contract is not concluded between a lessor and a new lessee by the payment date of the remainder, the execution date of the lease contract shall be deemed the remainder payment date.

Article 2 (Duty of Lessee) (1) A lessee shall arrange for a new lessee to a lessor, and shall cooperate so that a lease contract may be concluded between the lessor and the new lessee.

(2) A lessee shall cooperate in the transfer of telephone subscription rights, abolition of business registration, etc. so that a new lessee may commence normal business.

(3) A lessee shall transfer the following tangible and intangible property value in return for premiums until a new lessee pays any balance:

(4) The lessee shall maintain and manage the property value under paragraph (3) by fulfilling his/her duty of due care as a good manager until he/she has transferred the property value under paragraph (3) to a new lessee.

(5) Where the terms and conditions of a lease contract, such as relationship of rights, deposit, monthly rent, etc. on the object of lease have been modified, or where any cause occurs which makes it impossible to continue business, such as business suspension and cancellation, order to remove the object of lease, etc., the lessee shall immediately notify the new lessee thereof, until the new

[Matters of special agreement]

1.The condition under which the office is taken over as it is and trade name.

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