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(영문) 서울남부지방법원 2015.12.18 2015가합106951
매매대금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 19, 2014, the Plaintiff entered into a contract with the Defendant to purchase the annual and 2-story building located in the Gangseo-gu Seoul Metropolitan Government C large-162 square meters and its ground, which is owned by the Defendant, in the purchase price of KRW 670,00,000, and the right (facilities) to acquire the facilities and rights of the “D childcare center” (hereinafter “instant childcare center”) operated by the Defendant in the said building at KRW 10,000,000 for the premium (hereinafter “instant childcare center”).

(hereinafter collectively referred to as "each of the instant contracts"). The major special terms and conditions of the said contracts (hereinafter referred to as "the instant special terms and conditions") are as follows:

The representative of the child care center of this case is the defendant, the head of the facility, and the transferor, and this contract shall be responsible to the transferor.

16. The Plaintiff may invalidate the contract when the grounds for an administrative disposition prior to the contract and the remainder occur (excluding the time when the Plaintiff becomes aware of and succeeds to the contract), and even after the remainder date, the Defendant shall be compensated for the actual cost when the administrative disposition occurs due to the reasons that the Defendant operated.

(No damages) As of the 17th day of the contract, no business suspension disposition or fine shall be imposed. If the defendant's deception exists, the defendant shall compensate twice the down payment and shall not be refunded the consulting fees.

B. Pursuant to each of the instant contracts, the Plaintiff paid the Defendant KRW 680,000,000 in total, with the purchase price and premium as KRW 3,00,000 on October 19, 2014, KRW 17,000 on October 23, 2014, KRW 150,000 on November 14, 2014, and KRW 510,000 on November 28, 2014, and KRW 680,00,000 on KRW 510,00 on November 28, 2014, and received delivery from the Defendant around November 201, 2014.

C. Before entering into each of the instant contracts, each of the instant childcare centers was issued with respect to the instant childcare center as indicated below (hereinafter “each of the instant administrative dispositions”), and the Defendant did not notify the Plaintiff at the time of entering into the contract.

(b) the date of the disposition;

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