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(영문) 의정부지방법원 2020.01.16 2019나205016
매매대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

2. Amount of rights (including facility costs): 120 million won (including lease deposit amount of KRW 10 million);

3. The transferee of Article 1 of the Terms and Conditions of the Transfer of Rights (referred to as "the defendant," hereinafter the same shall apply in this Agreement) pays to the transferor (the "Plaintiff," hereinafter the same shall apply) the value of the movable and immovable property (including the preceding and the monthly rent) of the instant singing practice room as follows:

Down Payment: 40 million won (payment and receipt at the time of a contract) intermediate payment: 50 million won (payment in June 15, 2017): 20 million won (payment in June 15, 2017) (payment in 200,000 won each month from June 2017 to 200,000 won) shall be paid in 10 months each month. The transferor shall remove all the matters impeding the exercise of the right of lease and transfer all the facilities to the transferee so that the transferee may operate immediately upon receipt of the intermediate payment.

§ 3. Charges such as the reversion of proceeds and taxes and public charges, etc. on the above movables (movables and facilities, and business rights) and immovable property shall belong to the transferor, and any subsequent charges shall belong to the transferee, on the basis of the date of delivery of the above immovables and to the transferee, respectively.

Article 4 The balance of KRW 20 million shall be transferred in installments in the amount of KRW 200,000 each month for 10,000 under a special agreement.

The date shall be determined on the last day of each month. If, if the installment payment is not properly performed, the transferee may demand the transferor to pay interest as much as the number of days delayed, and the transferee shall be deprived of his/her goodwill when the payment period is at least one month.

At the time of payment, the transferee shall be granted the goodwill again.

A. On May 2, 2017, the Plaintiff entered into a contract with the Defendant to transfer the pertinent facilities and rights (hereinafter “instant contract”) to the Defendant’s “D King practice room” (hereinafter “D King practice room”) located in Yongsan-gu Seoul Metropolitan Government (hereinafter “instant King practice room”).

B. According to the instant contract, the Defendant KRW 40 million and the lease deposit KRW 10 million on May 2, 2017 to the Plaintiff according to the instant contract.

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