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(영문) 대전지방법원 2015.09.18 2015나102758
부당이득금반환
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On September 11, 2013, the Plaintiff acquired an entertainment restaurant for “Ding clubs” (hereinafter “instant singing clubs”) located in the 3th floor, Nam-gu, Chungcheongnam-gu, Dong-gu, Seoul (hereinafter “instant building”).

B. On the same day, the Plaintiff entered into a contract for the transfer of facilities and rights (hereinafter “instant contract”) with the Defendant, and paid one million won the down payment to the Defendant under the instant contract.

The address subject to the real right in the contract for the transfer of facilities and rights: The transfer amount of the 3rd floor in Dong-gu, Dong-gu, Chungcheongnam-gu: 30 million won contract amount: the remainder of KRW 1 million: 29 million contract amount.

1. The contract deposit and any balance shall be transferred by the bank in the way of remittance, and the contract deposit shall be paid on September 11, 2013 in the form of a passbook by the transferor on October 10, 2013, and it may be changed in consultation between the parties.

2.The contract is the current facility standard and becomes effective upon the conclusion of the initial building lease agreement between the owner and the transferee of the building.

3. The transferor shall submit all the documents necessary for the transfer of business to the transferee when the payment of balance is completed; and

4. The transferor shall verify to the assignee that all the public charges related to the business of the domicile of the contract have been paid before the date of completion of the contract;

5. The written contract shall be prepared in two copies, and other matters, in accordance with the related Acts and subordinate statutes.

C. On September 30, 2013, the Plaintiff leased the instant building with E, the owner of the instant building, KRW 35 million, KRW 4.1 million, KRW 4.1 million, KRW 4.1 million, and the term of lease from October 1, 2013 to September 30, 2015. On the same day, the Plaintiff paid the Defendant the remainder amount of KRW 29 million as stipulated in the instant contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, and 7, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The Plaintiff’s assertion that the instant contract was concluded is the right to use various facilities and business permission established in the instant singing club.

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