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(영문) 수원지방법원안양지원 2020.11.25 2019가단3323
부동산불법임대에 관한 원인무효
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. Defendant B operated “E” in a manner that provides members with space for music activities, including Leson, to receive membership fees from the portion of 113.22 square meters of underground floor among the buildings with the 1st floor and the 3rd floor above the ground located in Ansan-si (hereinafter “instant building”).

B. On April 7, 2017, the Plaintiff entered into a contract for acquisition or transfer of rights (facilities) with Defendant B (hereinafter “instant contract for acquisition or transfer of facilities”) with the following contents as a broker of Defendant C, and paid to Defendant B the amount of KRW 29 million premium and KRW 1 million brokerage commission to Defendant C, respectively.

The indication of real estate in the contract for acquisition or transfer of a right (facilities) - the indication of real estate in the contract for acquisition or transfer - the location: The area of - the size of E - the size of 113.22 square meters - the indication of the colorphone and the

2. The transferor and transferee of rights to the above real estate under Article 1 (Purpose) of the terms and conditions of the contract shall enter into a contract for acquisition of rights as follows by agreement:

- Total premium: 29,000,000 won (29,000,00) - The scope of transfer (facilities, etc.) - The transferor shall deliver the above real estate to the transferee by the day immediately before the commencement of the lease contract in such a state that he/she can exercise his/her right to the above real estate and deliver it to the transferee by the day before the commencement of the lease contract, and the transferor shall remove all matters impeding the exercise of the right of lease and deliver all facilities and goodwill to the transferee in order to enable the transferee to operate immediately upon receipt of any balance.

except in the case of an agreement.

Article 4 (Cancellation of Contract) (3) The transferor shall make utmost efforts to conclude a lease agreement with the owner and the transferee on the basis of the terms and conditions of the following lease contract, and where the lease agreement is not normally concluded or does not proceed, the contract for acquisition of this right shall be cancelled, and the transferor shall receive the down payment and the intermediate payment:

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