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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Basic facts
A. On April 12, 2017, the Defendant: (a) prepared a contract for acquisition and transfer of the right (facilities) to be transferred all of the facilities and operating rights of the cafeteria located in Pakistan-si (E) with the Plaintiff’s spouse (C); (b) paid KRW 3 million the down payment on the same day; (c) thereafter, the Defendant did not perform the contract any longer.
B. Meanwhile, on December 1, 2016, the Plaintiff leased a 10 million won, monthly rent of KRW 330,000,000, and from January 1, 2017 to December 31, 2017, the Plaintiff was operating the cafeteria with the trade name “H” from the F Association (hereinafter “F Association”), but the Defendant, on May 27, 2017, intended to take over the cafeteria in lieu of the “E” restaurant.
C. On May 27, 2017, a licensed real estate agent I shall pay the remainder of KRW 18 million on June 15, 2017 and KRW 10 million on July 20, 2017 to the Plaintiff, the Defendant, and the instant restaurant as the subject matter of the contract at the time of the contract, with the payment of KRW 18 million on the total premium and KRW 3 million on the down payment:
1. The above contract is a general succession of business rights in the present state of public structures. 2. The contract was prepared as a "written contract for acquisition or transfer of rights (facilities)" stating that the transferor receives the down payment of the contract for acquisition or transfer of rights in E cafeteria as it is to recognize it as a down payment. The contract was interrupted due to the fact that the specific time of taking over the restaurant and the goods taken over should be determined in consultation with the FF association, which is the lessor. At that time, I stated C's address, resident registration number, front place, telephone number in the column of the contract, and stated C's address, resident registration number, front place, and telephone number in the transferee column, but left without stating all the transferor's name.
The defendant on June 15, 2017.