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(영문) 서울남부지방법원 2017.05.25 2016가합109377
손해배상(기)
Text

1. The defendant shall not run real estate brokerage business in Guro-gu Seoul Metropolitan Government until December 27, 2025.

2. The defendant.

Reasons

Basic Facts

1) On November 12, 2015, the Plaintiff and the Defendant are licensed real estate agents. (2) On November 12, 2015, the Plaintiff concluded a contract for acquisition or transfer of the following rights (hereinafter “instant contract”) by stipulating that the F Licensed Real Estate Agent Office in Guro-gu Seoul Metropolitan Government (hereinafter “instant office”) shall transfer the business rights, such as a facility and a ledger of objects, from the Defendant, to the transfer of the following rights (hereinafter “instant office”), and paid KRW 15,000,000 to the Defendant.

2. Article 1 of the Terms and Conditions of the Contract / [Purpose] The transferor and transferee of rights to the above real estate shall enter into a contract for acquisition of rights as follows by agreement:

- Total premium amounting to KRW 1,000,000 - Business rights, such as the scope of transfer (such as facilities, etc.) and the structure of facilities and the books of sale, will be transferred.

Article 2 (Transfer of leased Articles) The transferor shall deliver the above real estate to the transferee by the day immediately before the commencement of the lease contract, and the transferor shall remove all the obstacles to the exercise of the right of lease, and at the same time upon receipt of the balance, deliver all the facilities and goodwill to the transferee so that the transferee can operate the business immediately.

except as otherwise provided in the agreement.

Article 4 [Cancellation of Contracts] (3) The transferor shall endeavor to conclude the lease contract with the owner and the transferee as much as possible, based on the terms and conditions of the lease contract (any change may be made at the request of the owner) with the owner before the outstanding payment date, and where the lease contract is not normally concluded or does not proceed with, the contract for acquisition of this right shall be rescinded and the down payment and intermediate payment received by

Special agreement items: The period of transferring (business) books necessary for the business after the establishment of real estate and matters necessary for the business shall be the period of transferring.

3 The Plaintiff opened the instant office in the name of “F Licensed Real Estate Agent Office” on December 28, 2015, and is a real estate brokerage office.

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