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(영문) 수원지방법원 안양지원 2018.11.02 2017가합104199
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Recognizing the facts of recognition, KRW 27,00,000, monthly rent of KRW 10,000,000, monthly rent of KRW 1,000,000, total amount of the right to pay for the premium (including the facility deposit) of KRW 3 (including the facility deposit) in the terms of the lease contract with the owner of Article 2 (Building Owner) and the lease contract of KRW 10,00,000,000, at the time of the contract.

Any balance of 17,000,000 won shall be paid by July 20, 2016.

Article 5 Special Agreements (Major Facilities, etc.)

1. A contract to the present state of the facilities;

2. The settlement of public charges as of the balance date;

3. All facilities shall be transferred.

(4) The transferor does not establish a real estate office in the same neighboring goodwill (hereinafter referred to as “this clause”). 5. The lease agreement with the lessor is responsible for and arranged by the transferor.

(Mandatory Conditions). 6. Cooperation in transfer and acquisition of friendship;

(Membership) 7. The down payment with the lessor shall be refunded without terms and conditions.

Defendant C, as a licensed real estate agent, was operating the “H Licensed Real Estate Agent Office” (hereinafter “instant store”) in Ansan-gu G, Ansan-gu, and on June 17, 2016, concluded a contract with Plaintiff A (former Name: I) on the transfer of the instant store rights to the said store (hereinafter “instant contract”).

B. Plaintiff A paid all balance to Defendant C on July 19, 2016, and thereafter Plaintiff B as a licensed real estate agent from July 21, 2016, and Plaintiff A as a brokerage assistant, operated the instant store.

C. On May 2017, Defendant C, along with Defendant D, established a licensed real estate agent office in the name of the “J” on the Mayang-gu E and 1st floor of Ansan-gu, Mayang-gu, Mayang-gu, Mayang-si, with approximately 600 meters away from the instant store, and changed the name into “F Licensed Real Estate Agent Office”

(hereinafter referred to as "E store"). [Grounds for recognition] The fact that there is no dispute, Gap evidence 1 through 11, Eul evidence 1 and the purport of the whole pleadings.

2. The Defendants asserted that the plaintiffs' assertion was to conclude the contract of this case to the plaintiffs' stores of this case.

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