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(영문) 서울서부지방법원 2016.11.17 2015가합35461
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an Internet news reporting business, outdoor advertising business (e.g., electronic sign board, subway, bus, etc.). The Defendant is a company with the purpose of advertising agency business, video production business, outdoor advertising agency business, etc.

B. On August 16, 2011, the Plaintiff entered into a contract with the Defendant for transfer and acquisition of an electronic sign board business of Abuilding with the content that the Plaintiff acquired the right to lease and the right to license of outdoor advertisements (commercial size: 12m wide, 5.7m wide, 5.7m wide, brid type) on the rooftop of Seoul Jung-gu Seoul Metropolitan Government from the Defendant on the purchase price of KRW 380 million (excluding value-added tax).

(2) The Plaintiff and the Defendant agreed to return to the Plaintiff the full amount of the purchase price already paid to the Plaintiff as a result of the acquisition agreement. The acquisition agreement of this case is valid only when the above transfer agreement of this case was obtained permission by means of a ED electronic sign board, and if the above transfer agreement is not obtained, the transfer agreement of this case is automatically rescinded, and the Defendant agreed to return to the Plaintiff the full amount of the purchase price already

C. On September 6, 2011, the head of the Jung-gu Seoul Special Metropolitan City (hereinafter “instant permission”) granted permission for the modification of the display of outdoor advertisements (such as materials and specifications) with respect to outdoor advertisements on the rooftop of the said A building x 12.4m x 7.6m, and outdoor advertisements with the content of an electronic sign board installation (hereinafter “instant permission”).

On August 19, 201, the Plaintiff paid KRW 41,800,000 to the Defendant as the down payment of the said purchase price (including value-added tax) on August 19, 2011, and paid KRW 376,200,000 on September 9, 201.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 3 through 5, purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. On December 13, 201, the head of the Jung-gu Seoul Special Metropolitan City Office revoked the instant permission on the ground that the instant permission was granted by false or other unlawful means, and accordingly, the instant transfer contract was automatically rescinded.

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