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(영문) 수원지방법원 안양지원 2018.01.17 2016가단109268
매매대금반환
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is KRW 2,300,000,000 against the Defendant (Counterclaim Plaintiff).

Reasons

All principal lawsuit and counterclaims shall be deemed to have been filed.

1. Basic facts

A. The Defendant: (a) leased the sum of 1,2,00 square meters among the D-based buildings in Gyeyang-gu, Ansan-gu, Manyang-si and operated a Chinese restaurant (hereinafter “instant restaurant”) with the trade name “E” (hereinafter “E”).

B. On January 19, 2016, the Plaintiff acquired all the facilities and equipment of the instant restaurant as a broker of Licensed Real Estate Agent F, at KRW 50,000,000, and the down payment of KRW 5,000,000, the remainder of KRW 45,000,000, when entering into a contract, was paid on February 29, 2016, and entered into a real estate right transfer contract under the following agreements and special agreements (hereinafter “instant contract”).

The Plaintiff is entitled to exercise the right of the said real estate on the same day according to the instant contract for the transfer of the right, and the transferor shall deliver to the Defendant the same day before the commencement of the lease contract, and the transferor shall remove all the matters impeding the exercise of the right of lease and deliver all the facilities and business rights to the transferee so that the transferee can operate immediately at the same time with the receipt

except as otherwise provided in the agreement.

Article 4 (1) The transferor shall compensate for the amount double the down payment before the transferee pays the intermediate payment (if there is no intermediate payment agreement, the balance), and the transferee may waive the down payment and rescind this contract.

(2) If the transferor or transferee fails to perform the terms and conditions of this contract, the other party may notify in writing the person who has defaulted and cancel the contract.

In addition, the parties to the contract may claim the other party for the penalty following the cancellation of the contract, and the down payment shall be considered as the standard for penalty.

(3) The transferor shall make efforts to conclude a lease contract with the owner and the transferee to the maximum extent possible on the basis of the following terms and conditions of the lease contract (any change may be made at the request of the owner) before the balance is paid:

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