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(영문) 서울행정법원 2014.09.18 2013구합11291
사무소개설등록처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The conclusion of the instant contract and the registration of establishment of the Plaintiff’s brokerage office 1) B shall be the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant store”).

(1) The former Act on Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions (amended by Act No. 11690, Mar. 23, 2013; hereinafter referred to as the “Act”) under the trade name of “E Licensed Real Estate Agent Office” with wife C and son D.

(2) On August 19, 201, F entered into a contract with the Plaintiff on the following terms (hereinafter “instant contract”) with a view to having the Plaintiff engage in the brokerage business at the instant store upon receiving a request for investment for the operation of the brokerage office from the Plaintiff.

Article 1 [Sales Price and Time of Payment] (1) The time when the sale price and the buyer (F) are paid in the sale of the store of this case is as follows:

- Sales proceeds: 970 million won - down payment: 100 million won (payment and receipt at the time of a contract) - No balance: 870 million won (payment in September 14, 201) - No balance: 870 million won (payment in September 14, 201). (2) Article 2 (Omission) (B) of the seller shall receive any balance of the sales proceeds and deliver all documents necessary for the registration of transfer of ownership, and deliver them to the instant store on September 14, 201.

Article 6 (Cancellation of Contract) (F) In the absence of an intermediate payment agreement, the seller (Plaintiff) shall compensate for the remainder amount, and the buyer (F) may also waive the down payment and cancel this agreement until the buyer pays the remainder.

Article 7 [Non-performance of Obligations and Compensation for Damages] (1) In cases where the seller (B) or the buyer (F) has breached any obligation under this contract, the other party may demand in writing the person who has defaulted to perform the contract and rescind the contract.

(2) Where a contract is rescinded, the seller (B) and the buyer (F) may claim damages against each other.

There is no separate agreement on damages.

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