(영문) 서울동부지방법원 2014.08.21 2013가단41425

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2014.08.21 2013가단41425

중개수수료

Text

1. The Defendant’s KRW 5,100,000 and its amount annually from May 26, 2013 to August 21, 2014 to the Plaintiff.

Reasons

1. The following facts do not conflict between the parties, or each statement of Gap evidence 1-4, evidence 5-1, 2, Eul evidence 2, 3, 5, and 6-2, and witness C, and witness C and D's testimony may be admitted as a whole.

On May 25, 2013, the Plaintiff, as a real estate broker operating real estate business in the name of “E,” and on May 25, 2013, as a broker for concluding a contract for transfer of rights (hereinafter “instant transfer contract”) with the content of transferring D the facilities, goodwill, etc. of general restaurants (hereinafter “G”) in the name of “G” in the first floor located in Seongdong-gu Seoul Metropolitan Government, for a premium of KRW 170 million (hereinafter “instant store”).

B. The main contents of the transfer and acquisition contract of this case are as follows.

1) The transferor is entitled to exercise the right to the said real estate and is transferred to the transferee by the day before the commencement of the lease contract, and the transferor shall remove all the matters impeding the exercise of the right to lease and deliver all the facilities and goodwill to the transferee so that the transferee can conduct business immediately upon the receipt of any balance. (Article 2(2)) The transferee may compensate the transferor for the amount of the down payment and the transferee may waive the down payment and cancel this contract until he pays the intermediate payment.

(Article 4(1)3) The transferor shall endeavor to conclude the lease agreement with the owner and the transferee as much as possible on the basis of the terms and conditions of the lease agreement, and if the lease agreement is not normally concluded or does not proceed, the transfer and acquisition contract of this case shall be cancelled, and the contract deposit and intermediate payment received by the transferor shall be immediately refunded to the transferee (Article 4(3)4).

Fees shall be paid by the assignee and the transferor simultaneously with the conclusion of the transfer and acquisition contract of this case.

유사 판례

-창원지방법원진주지원 2017.10.24 2016가단35495

-수원지방법원 2016.02.04 2015나14089

-서울남부지방법원 2017.05.25 2016가합109377

-부산지방법원 동부지원 2018.03.29 2017가단207934

-서울중앙지방법원 2016.05.25 2015나53512