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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic Fact-finding site: The transferor, defendant and transferee of the right to the commercial building above the brokerage office of this case shall transfer the right to the business specified below the facility rights of the brokerage office of this case.
1. Trade name and telephone number of the brokerage office of this case;
2. Office fixtures (excluding personal goods);
3. Data related to brokerage (excluding personal data);
4. The transferee shall pay KRW 25 million to E brokerage and friendship members (the issue related to membership after the transfer is not responsible to the transferor), subject to the transfer of the above rights, and shall pay KRW 5 million to five million upon the preparation of the contract, and shall be KRW 20 million until April 10, 2017.
On January 13, 2017, the Defendant had operated the D Brokerage Office (hereinafter “instant brokerage office”) at Seongbuk-gu Seoul Apartment Complex, and entered into a contract for transfer and takeover of rights (hereinafter “instant contract”) with the Plaintiff as follows.
B. The Plaintiff paid KRW 25 million to the Defendant under the instant contract, and is currently operating the instant brokerage office by taking over the present brokerage office.
[Ground for recognition] Unsatisfy, Gap evidence 1, the purport of the whole pleadings
2. The assertion and judgment
A. In accordance with subparagraph 3 of the contract of this case asserted by the plaintiff, the defendant is obligated to submit to the plaintiff the "retail" which includes the list of real estate, the date of brokerage, and the brokerage commission while operating the brokerage office of this case for the last five years.
Since it is recognized that the sales of the plaintiff was reduced to 1/10, the defendant is obliged to pay 200,000 won per day as compensation for business losses.
B. Since subparagraph 3 of the sales contract of this case merely states that "materials related to brokerage" is simply stated, the evidence submitted by the Plaintiff alone is a list of real estate assets held by the Defendant while operating the instant brokerage office for the last five years.