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(영문) 청주지방법원 2017.02.01 2016가단109512
소유권이전등기
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. On March 21, 2012, the Defendant entered into a contract with the Plaintiff on the rent of KRW 600,000 per month and the lease period from April 1, 2012 to March 31, 2013, under which the Plaintiff agreed to lease the instant building without a lease deposit, and delivered the instant building to the Plaintiff.

B. The Plaintiff established a kindergarten under the name of the Defendant and operated the kindergarten on the first and second floors of the instant building with the consent of the Defendant.

C. On September 4, 2012, between C and C, the Plaintiff sold the instant building and the instant land and the right to operate a kindergarten as indicated in the attached Table No. 1, which is its site, in the purchase price of KRW 700 million. However, the Plaintiff concluded a sales contract with a down payment of KRW 20 million, an intermediate payment of KRW 265 million, and an remainder of KRW 415 million.

From March 2013 to October 2013, the Plaintiff did not pay the rent for eight months. On October 31, 2013, the Defendant sent to the Plaintiff a certificate indicating the intent to terminate the said lease on the grounds of the rent-free delay, and then served the certificate of content on the Plaintiff around that time.

E. On April 29, 2013, the Defendant received a request from the Plaintiff for the closure of a kindergarten, and submitted an application for the closure of a kindergarten, a copy of identification card, and a certificate of personal seal impression to the Office of Education.

[Judgment of the court below] The ground for recognition is without a dispute, Gap evidence 1 through 7 (including each number for a case with a serial number), the whole purport of the pleading

2. Determination on the cause of the claim

A. Under the agreement between the Plaintiff and the Defendant that the purchase price of each of the instant real estate shall be KRW 265 million, the Plaintiff expressed his/her intent to purchase each of the instant real estate upon requesting the Defendant to close the kindergarten. Since the Defendant filed an application for the closure of a kindergarten with the Office of Education on April 29, 2013, the oral sales contract was concluded, and even if the domestic sales contract was not concluded, the said date and time shall be determined on July 2013.

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