(영문) 대구지방법원 2015.11.13 2015가합919

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(영문) 대구지방법원 2015.11.13 2015가합919

권리금반환등

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1. Defendant B’s KRW 113,850,869 as well as 5% per annum from February 25, 2015 to November 13, 2015, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. Defendant B leased each of the real estate listed in the separate sheet from D, and thereafter, Defendant C (E) operated a restaurant with the trade name of “E” after completing business reports and business registration in the name of Defendant C (E).

B. On July 31, 2014, the Plaintiff entered into a contract for transfer or acquisition of business rights with the content that he/she takes over the business rights of the said E restaurant as of August 1, 2014 by determining the goodwill of KRW 2200,000,000,000,000, and at that time, the contract (Evidence A 1-1) entered into with the following special terms as to the non-permitted building portion not entered in the building ledger of the building listed in attached Table 3 (hereinafter “instant non-permitted building portion”).

① Removal without at least the part without permission of the instant case: Defendant B’s condition. (2) The remainder of repair and repair after the removal of the part without permission of the instant case: The Plaintiff’s order of construction without permission of the Gu.

Defendant B repeats the removal part of the Suwon-gu Office and the building without permission of this case.

The consent of the owner of the building should be premised on the non-licensed building part of this case.

C. On August 30, 2014, the Plaintiff prepared a “contract for acquisition or transfer of rights (facilities)” with Defendant B (Evidence A No. 1-2) and confirmed the premium to be paid to the Plaintiff to Defendant B in KRW 230,000,000 according to the said contract for transfer or acquisition of business rights. The terms and conditions of the agreement pertaining to the instant issues are as follows.

Premium: 230 million won down payment: 109,234,99 down payment in 109,234,99

8. The amount of 25. 57,670,00 business earnings for 25. 57,670,000 won after settlement shall be refunded by the plaintiff to the defendant B.

However, this contract is null and void in the event that the law does not apply to the non-permitted building part of this case under the premise of the above contract.

The premium remains after the date of incorporation of the building without permission from the Gu office under its jurisdiction.

유사 판례

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