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Reasons
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(영문) 서울남부지방법원 2019.05.14 2016가단260114
구상금
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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. Facts of recognition;

A. On August 18, 2016, the Plaintiff sold D’s land and the 4th floor building thereon (hereinafter “instant building”) owned by the Plaintiff at KRW 525,00,000,000, in total, between Defendant B and Defendant B, the deposit amount of KRW 32,000,000 (the underground and the 25,000,000,000,000,000 won for the return of deposit money of the said building (the 25,000,000,000 won for the underground and the 2,00,000,000 won for the 3,00,000 won for the 3,00,000 won for the 2,00,000 won for the 60,000,000 won for the contract, part payment,10,000,000 won for the remainder of KRW 30,303,000 for the contract.

A. On September 9, 2016, the sales contract was concluded to pay each of the instant payments (hereinafter “instant sales contract”).

B. Article 6 of the instant sales contract provides that “If the seller or the purchaser fails to fulfill the contractual terms, the other party may notify the seller or the purchaser of the contract in writing and cancel the contract. The contractual party may claim damages arising from the cancellation of the contract, and unless otherwise agreed on the damages, the contract shall be deemed as the basis for damages for nonperformance.” As a special agreement, Article 6 of the instant sales contract provides that “The seller transfers the right to permit the tobacco retail store and the business right to the buyer.”

C. Defendant B remitted to the Plaintiff the amount of KRW 60,00,000 as the down payment on the day of the instant sales contract, and KRW 100,000,000 as the intermediate payment on August 25, 2016, and KRW 323,00,000 as the remainder on September 9, 2016. The Defendants completed each registration of ownership transfer on September 9, 2016 with respect to Defendant B’s share of KRW 4/5, and Defendant C’s share of KRW 1/5 as the cause of the instant sales contract.

On the other hand, a tenant who operated a set with tobacco retail business on the underground and the first floor of the building of this case is not at the expiration of the lease term.

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