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(영문) 수원지방법원안양지원 2014.10.30 2014가단11947
권리금 반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. During the period of Ansan-si, the Defendant leased and operated the five rooms of the former C Ground D Building (hereinafter “instant building”) Nos. 305, 306, 307, 308, and 309 (hereinafter “instant stores”). However, pursuant to the E’s sale proposal, the Defendant purchased the said KRW 47 million in the name of spouse and completed the registration of ownership transfer on May 6, 2013, pursuant to the F’s sale proposal, the owner of No. 309 (hereinafter “instant 309”), among the instant stores.

B. After that, the Defendant continued to operate the restaurant at the instant store, and the Plaintiff sold the instant subparagraph 309 to the Plaintiff as an agent of F on November 29, 2013, indicating his intention to purchase the instant subparagraph 309.

C. On November 29, 2013, the sales contract was concluded by the broker G of a licensed real estate agent G, and two contracts were prepared as follows.

1) A commercial sales contract (hereinafter “instant sales contract”)

() Indication of real estate: The sale price of the instant real estate: 50 million won: (a) the special agreement on the purchase price of the instant real estate (20 million won at the time of the contract, and each payment of the balance of 30 million won on December 4, 2013) - the condition that the purchaser guarantees the current lessee’s business from the remainder date (205, 306, 307, and 308) to February 29, 2014. - The lessee is able to use the remainder of KRW 300,000 won from the remainder date of the lease contract to February 29, 2014 - the buyer’s agent’s payment of the remainder of KRW 30,000,000 (including monthly management expenses), the buyer’s payment of KRW 201,000,000 from the remainder date of the lease contract to February 29, 2014 (hereinafter “the delivery contract”).

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