(영문) 인천지방법원부천지원 2017.06.28 2016가합103674

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(영문) 인천지방법원부천지원 2017.06.28 2016가합103674

채권부존재확인

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1. As to the buildings listed in the separate sheet, those who form a elbel corporation based on the agreement of October 13, 2015.

Reasons

1. Basic facts

A. On February 23, 2011, the Defendant concluded a business transfer contract with the Plaintiffs and the Defendant (hereinafter “new securities”) on behalf of a securities company (hereinafter “new securities”).

(D) The wedding hall (hereinafter referred to as the “the wedding hall of this case”) in the name of “D” by leasing a building listed in the [Attachment (hereinafter referred to as the “building of this case”) owned by another person.

(2) On May 3, 2013, the Defendant concluded a provisional contract with the Plaintiffs to comprehensively transfer and acquire the instant wedding business, and concluded this contract on June 5, 2013, and the main contents thereof are as follows.

Article 1 The Plaintiffs shall pay KRW 700 million to the Defendant in return for the acquisition by transfer of the instant wedding hall business from the Defendant.

Article 2 Upon receipt of KRW 700 million from the Plaintiffs, the Defendant shall transfer all matters related to the instant wedding business to the Plaintiff, and shall not participate in the operation of the instant wedding thereafter.

Article 3 The defendant is fully responsible for and reimbursed all existing amounts, public charges, and taxes related to the instant wedding business, and the plaintiffs are not responsible for the claims and obligations arising when the defendant is operated.

Article 4. The name of the tenant in a lease agreement with the securities instead of the securities shall be maintained as the defendant, but the name of the tenant shall be changed if there is an agreement with the securities instead.

When the lease contract with the securities is terminated due to the expiration of the period, etc., the defendant shall receive 700 million won deposit from the securities instead of the securities and pay the remaining money after deducting the expenses not paid by the plaintiffs in relation to the operation of the instant wedding hall.

Article 7. The plaintiffs shall observe the terms of a lease agreement entered into with the defendant on behalf of the defendant and shall succeed to all the rights and duties of the defendant on the lawsuit telephone settlement protocol prepared by

3. The Plaintiffs are handed over the instant building from the Defendant, and are engaged in wedding business.

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