(영문) 서울남부지방법원 2014.11.28 2014가단229300

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(영문) 서울남부지방법원 2014.11.28 2014가단229300

부동산권리양도대금 청구의 소

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff leased the real estate located in Guro-gu Seoul Metropolitan Government (hereinafter “instant real estate”) and installed the entire automobile maintenance equipment (hereinafter “instant industrial company” in total, including the right to lease and the maintenance equipment), and entered into a contract with the instant industrial company on March 23, 201 with the following purport:

(1) From April 5, 201 to April 4, 2015, the re-lease period is KRW 120 million, KRW 13 million, monthly rent, and KRW 30 million as of March 2013. (2) Business registration shall use the Plaintiff’s name while maintaining employees (payment, bonus, retirement allowance, and other welfare-related expenses, such as four large-scale insurance), maintenance and repair of facilities, and various public charges are borne by D.

3) The Plaintiff shall pay D the following day after the settlement of accounts after deducting 15% of the sales generated by the processing of insurance, credit card sales, and the issuance of tax invoices during the sales. However, sales, such as insurance processing, credit card sales, and the issuance of tax invoices, are paid only to the amount deposited in the passbook (Article 3 of the Additional Contract). B. On May 30, 2014, the Plaintiff entered into a contract with the Defendant to transfer the right to the instant industrial company to the following purport (hereinafter “instant transfer agreement”).

(1) The acquisition price shall be KRW 170,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00

2) The Plaintiff is liable to enter into a lease agreement between the owner of the instant real estate and the Defendant with a deposit of KRW 30 million and KRW 8.8 million per month with respect to the instant real estate by not later than the payment date of the remainder. In the event that the Plaintiff fails to perform this, the contract shall be rescinded, and the down payment received by the transferor shall be refunded to the Defendant. 3) The Plaintiff shall

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