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(영문) 서울중앙지방법원 2017.02.23 2016가단5026931
매매대금반환
Text

1. The Defendant’s KRW 150,000,000 for the Plaintiff and 5% per annum from December 13, 2015 to February 25, 2016.

Reasons

1. Facts of recognition;

A. On December 13, 2015, the Plaintiff concluded a sales contract (hereinafter referred to as “instant sales contract”) to purchase one parcel and its ground (including the ground floor and the first floor: the public restaurant, etc., and the second or fifth floor: the inn, hereinafter referred to as “Dmoel”) from the Defendant on December 13, 2015, 2350 million won (i.e., the Plaintiff paid KRW 150 million as the down payment on the day, and (ii) to pay KRW 300 million as the remainder, and to pay KRW 30 million as the remainder, December 30, 2015. The remaining KRW 1.9 billion was succeeded by the Plaintiff as the loan obligation of the Dmoter).

B. The main contents of the instant sales contract related to the instant case are as follows.

1. As of the date of the conclusion of the contract, the Defendant undertakes to the Plaintiff and the broker that there was no fact in the process of litigation, auction, notification, lien, administrative disposition, etc. concerning the restriction on ownership from a third party, other than the certified copy of the register of the real estate indicated as of the date of execution of the contract (this shall refer to the Domoel).

10. Even after the payment of balance, where business suspension or administrative fines, etc. are imposed on illegal matters before the expiration of the term of lease between the present lessee and the defendant, the expenses and liability therefor shall be borne by the defendant.

Therefore, in the event of the suspension of business, the monthly rent for two months (26 million won) or the administrative fine imposed on the defendant should be paid to the plaintiff on the responsibility of the defendant.

14. The Defendant is obligated to actively cooperate with the Plaintiff as a person responsible for the Plaintiff’s succession to the current lessee’s current lessee’s business license certificate even after the payment of balance (such as the provision of necessary documents or joint attendance at the government office).

C. On December 17, 2015, the Plaintiff completed the report on the succession of accommodation business for the Doma with the cooperation of E, the current lessee of the special agreement with the Defendant.

The head of Suwon-si shall violate the administrative disposition of three months (from December 22, 2015 to March 20, 2016) of the suspension of business with respect to DoMotoel on December 18, 2015: Accommodation on September 26, 2015.

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