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(영문) 대전지방법원천안지원 2015.04.15 2014가단16414
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 11, 2013, the Plaintiff acquired an entertainment restaurant (hereinafter “instant singing club”) from the Defendant, located in the Nam-gu, Chungcheongnam-gu, Dong-gu, Seoul, and in the third floor.

B. On the same day, the Plaintiff prepared a “contract for the transfer of facilities and rights” with the Defendant, and paid one million won the down payment to the Defendant under the said contract.

(A) The term “instant contract” and the term “instant contract” (hereinafter referred to as the “instant contract”). Among the above contracts, the main contents relating to the instant contract are as follows:

(Inasmuch as the interpretation on the contents of the above contract is the issue of this case, the text of the contract is transferred as it is). Address subject to the real right of the facility and the right transfer contract: The transfer amount of 30 million won in Nam-gu, Dong-gu, Dong-gu, Yancheon-gu: the transfer amount of 30 million won in Yancheon-gu: the contract amount of Yancheon-gu ( Y 1,000,000): The remainder of Yan Won-gu ( Y 29,00,000

1. The down payment and any balance shall be paid by the bank remittance method, and the remainder of the down payment on September 11, 2013 shall be paid in the passbook of the transferor on October 10, 2013, and it may be changed in consultation between the parties concerned;

2.The present contract is a contract on the basis of the facility and becomes effective upon the conclusion of the first lease contract between the owner and the assignee 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 paid the Defendant the remainder amount of KRW 29,000,000 under the instant contract. On the same day, the Plaintiff concluded a lease agreement with the E and the third floor (hereinafter “instant building”).

recognized.

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