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(영문) 서울동부지방법원 2018.10.25 2015가합110063
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. (1) The Defendant was the owner of the instant volatile club located on the 1 and 2nd underground of Seongdong-gu Seoul Metropolitan Government (hereinafter “instant volatile club”), including the conclusion of the sales contract between the Defendant, D, and the Plaintiffs.

(2) On May 10, 2014, D and the Plaintiffs drafted a sales contract for commercial buildings and a sales contract for sales (transfer of rights) to purchase the instant volatile club operating right (hereinafter “instant operating right”) for KRW 3.3 billion from the Defendant with their respective spouses as joint buyers, and to purchase the instant volatile club operating right (hereinafter “instant operating right”) for KRW 1.5 billion.5 billion.

(3) From March 19, 2014 to September 3, 2014, Plaintiff A paid Plaintiff D KRW 777,440,000,00 as the purchase price of the instant volatile club and incidental expenses, and Plaintiff B paid Plaintiff B KRW 89,60,000 as the same name to D from April 28, 2014 to October 24, 2014.

(4) On June 30, 2015, D and the Plaintiffs completed the registration of ownership transfer under their respective spouse’s name as to each of the 1/3 shares of the instant commercial building.

B. D on October 27, 2016, at the Seoul Eastern District Court, D, “D” concluded a contract to purchase the instant volatile club at KRW 4.8 billion with the firstman on April 2014, 2014, and it is anticipated that it will take over the instant club by itself, and jointly take over and operate the club. The remainder of KRW 1.5 billion after deducting the deposit amount of KRW 300,000,000,000 from the deposit amount of 30,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

D) The Plaintiff A shall pay KRW 774,440,00,000 for the acquisition price of the instant volatile club and incidental expenses, and KRW 89,60,000 for the same name as Plaintiff B.

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