logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.01.23 2014나2041610
부당이득금반환
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in the entries in Gap evidence 1 to 3, Gap evidence 4-1 to 3, Gap evidence 8 (the same shall apply to evidence 10-2), Eul evidence 1 to 5.

1) On July 3, 2012, the Plaintiff entered into a contract for the transfer of the right of lease between the Plaintiff and C (hereinafter “instant store”) Nos. 101 and 102 of the first floor of Kimpo-si, E, G, H, I and I ground JJ (hereinafter “instant store”).

B) From July 2, 2012 to July 1, 2013, the lease deposit amount of KRW 50,000,000 and monthly rent of KRW 3,500,000 are set and leased. A pharmacy from around that time at the instant pharmacy (hereinafter “instant pharmacy”).

(2) On September 5, 2012, the Plaintiff received KRW 170,00,000 as premium and entered into a contract for the transfer of the right to lease of a pharmacy (hereinafter “instant transfer contract”) with the content that transfers the right to lease of the instant pharmacy to C. The main contents of the instant transfer contract are as follows.

3. When a lessor becomes aware of a lease agreement, he/she shall immediately return the agreed amount and remainder to the transferee;

4. Facility costs and key money shall not be recognized by the lessor.

6. Succession to the terms of the preceding contract and securing of five-year goodwill;

3) Meanwhile, in accordance with the instant transfer contract, C paid the Plaintiff KRW 17,00,000,000 as premium, and ② paid KRW 87,000,000, which is a part of the agreed premium, on September 28, 2012, respectively, to the Plaintiff. 4) Thereafter, the Plaintiff began to operate a separate pharmacy from the Government-si from October 18, 2012.

B. On October 20, 2012, dispute C between the Plaintiff and C asserted to the Plaintiff the rescission or revocation of the instant transfer contract, and eventually, against the Plaintiff on November 22, 2012, the Plaintiff could operate the instant pharmacy at the instant store for five years at the time of the conclusion of the instant transfer contract.

arrow