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(영문) 서울중앙지방법원 2018.08.09 2017가합512295
매매대금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On June 30, 2015, the Plaintiffs purchased at KRW 7.9 billion, from the Defendant, the land reinforced concrete C, 524.9 square meters of land, and the amusement facilities (the amusement restaurant), 1, and 2-class neighborhood living facilities (hereinafter collectively referred to as the “instant real estate”). On August 20, 2015, the Plaintiffs concluded a contract with the Defendant under which the Plaintiffs will succeed to all the lease agreements entered into with respect to each shop of the instant real estate (hereinafter “instant contract”). The Plaintiffs paid the Defendant the remainder of KRW 7.15 billion after deducting the lease deposit to be paid to the lessee from the purchase price of KRW 7.9 billion.15 billion, and completed the registration of ownership transfer on August 20, 2015.

B. Paragraph (3) of the separate agreement of this case provides that "where the purchase price was formed on the basis of security deposit and monthly rent, and the monthly price is settled after the transfer of registration, it shall be paid to the purchaser at the rate thereof (hereinafter referred to as "the special agreement of this case"). In addition, the above agreement is accompanied by documents on the current status of lease of the real estate prepared by the defendant.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including each branch number, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. Judgment as to the primary cause of claim

A. The summary of the plaintiffs' assertion (1) The defendant said that the tenant would be able to renew the lease agreement and raise the rent for each shop of the real estate of this case, but in fact, multiple lessees would not renew the lease agreement or renew the contract by lowering the rent. (2) The defendant was the monthly rent received from each shop of the real estate of this case on June and July 2014 during negotiations for the sale and purchase of this case, but the amount of KRW 37.9 million increased on June 25, 2015, thereby guaranteeing stable profits.

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