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(영문) 인천지방법원부천지원 2017.06.22 2016가단106416
임차인지위양도청구
Text

1. The Defendant’s KRW 17,00,000 as well as the Plaintiff’s annual rate of KRW 5% from September 21, 2016 to June 22, 2017.

Reasons

1. Facts of recognition;

A. From October 2015, the Defendant was a person operating a licensed real estate agent’s office under 108, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul apartment shopping district, and the Plaintiff tried to take over and operate the licensed real estate agent’s office around April 2016.

B. On April 10, 2016, the Plaintiff and the Defendant concluded a contract under which the Plaintiff paid a total of KRW 45 million including premium to the Defendant and received and operated the said licensed real estate agent office from the Defendant (hereinafter “instant contract for business takeover”).

C. On April 10, 2016, the Plaintiff remitted the down payment of KRW 10 million to the Defendant’s account, and the Defendant decided to repay the double amount when the contract is reversed.

On April 13, 2016, the defendant demanded the cancellation of the contract to the above D and demanded to return the remitted KRW 10 million.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Gap evidence No. 6, the purport of the whole pleadings

2. As to the Defendant’s assertion that the contract was not concluded, the Defendant asserts that the said contract was not concluded on the grounds that the contract for the takeover of business of this case was not prepared, and that there was no agreement on the specific date and time of payment, etc.

However, according to the evidence above, D and the defendant discussed the acquisition price of the instant case, and agreed on the acquisition price of April 10, 2016 at KRW 45 million, and the defendant informed the account number to receive the down payment, and notified the plaintiff that D deposited the down payment of KRW 10 million to the defendant, and notified the defendant that "the person who transferred the right shall pay the down payment at the time of termination of the contract," the defendant sent the word "Ne I know", and it can be recognized that D and the defendant agreed on April 26, 2016 after the down payment was made. In full view of these circumstances, the instant contract for the takeover of business was established between the plaintiff and the defendant on April 10, 2016.

As such, the above is applicable.

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