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(영문) 수원지방법원평택지원 2017.05.11 2016가단40663
건물명도
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of lawsuit;

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On July 2, 2012, the Plaintiff (hereinafter “instant agency”) operated D stores (hereinafter “instant agency”) that are health management business entities, by setting the lease deposit amount of KRW 30,00,00 (a lease deposit of KRW 30,00,00) as KRW 1,2,3,4,5,6,7,7,8,9,10, and 155.1 square meters in sequence, among the two floors of the building listed in the separate sheet from C, as indicated in the separate sheet, until August 1, 2017.

B. On March 31, 2015, the Plaintiff entered into a contract with the Defendant to transfer the instant agency amounting to KRW 20,000,000 (hereinafter “instant transfer contract”) and received KRW 10,000,000 from the Defendant on the day of the contract.

C. The Defendant is occupying and operating the instant agency from the time when the said transfer contract was concluded to the present time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. At the time of concluding the transfer contract of this case, the Defendant paid the remainder of KRW 10,00,000 to the remainder within one month, and even though the Defendant possessed and managed the passbook in the name of the Plaintiff until the business registration is transferred under the name of the Defendant, the Defendant did not pay the rent and management expenses for the instant agent in May, 2015, and the rent and management expenses for the instant agent. Since the Defendant did not comply with the demand of the Plaintiff for several times, it is evident that the Defendant did not intend to perform the transfer contract of this case.

Accordingly, the transfer contract of this case shall be cancelled through the service of the copy of the complaint of this case, and the transfer of the agency of this case shall be sought.

B. At the time of entering into the instant transfer contract, the Plaintiff already issued by the Plaintiff, but did not use by the customer, respectively, face value of Chapter 2,774 and Chapter 79.

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