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(영문) 대구지방법원 2019.11.14 2018가합209021
손해배상(기)
Text

1. By April 1, 2027, the defendant himself/herself does business of licensed real estate agents with respect to each of the real estate in Daegu Suwon-gu C.

Reasons

1. Basic facts

A. On April 1, 2017, the Defendant operated the Daegu Suwon-gu F apartment and the H Licensed Real Estate Agent Office located in G (hereinafter “instant office”). On April 1, 2017, the Defendant transferred to the Plaintiff business rights, such as the facility and the sales account book of the said office (hereinafter “instant contract”). Under the instant contract, the Plaintiff paid KRW 2,50,000,000,000 as premium to the Defendant on March 28, 2017 and KRW 2,25,50,000,000 as premium, pursuant to the instant contract.

The main contents of the instant contract are as follows.

The transferor and transferee shall agree on the rights of the real estate as follows and enter into a contract for the acquisition and transfer of the rights of the real estate.

1. Real estate of the category of real estate licensed real estate agent among the H apartment G units in Daegu Metropolitan City where real estate is indicated;

2.Article 2 (Transfer of leased Articles) of the Terms and Conditions of the Contract shall be delivered to the assignee by the day immediately before the commencement of the lease contract with the condition that the transferor is able to exercise the right to the said real property, and the transferor shall remove all the obstacles to the exercise of the right of lease and deliver all the facilities and goodwill to the transferee so that the transferee can carry on

except as otherwise provided in the agreement.

Article 4 (Cancellation of Contract) (3) The transferor shall endeavor to make the lease contract between the owner and the transferee to the maximum extent possible on the basis of the terms and conditions of the lease contract (any change may be made at the request of the owner) under the following terms and conditions between the transferee and the transferee before the outstanding payment date. In the event that the lease contract is not normally concluded or does not proceed, the contract for this right and water supply

3. The name of the owner of the terms and conditions of the lease of an object to be transferred or taken over, and the deposit for lease 25 million won (matters of a special agreement) shall be all the real estate owned by the owner of the object to be leased according to the present facilities.

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