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(영문) 서울중앙지방법원 2015.09.10 2015가합526542
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. From July 2003, the Defendant leased the Jongno-gu Seoul Metropolitan Government and 20 square meters of 1st floor, the Defendant is the restaurant of “D” (hereinafter referred to as “D”).

(1) have been operated.

B. On July 2, 2014, with respect to the restaurant of this case, the Plaintiff is “the instant contract” under the following contract for the acquisition or transfer of rights:

2. The contents of the contract are as follows: (a) The transferor and the transferee shall enter into a contract for acquisition of the rights to the above real estate by agreement. The total amount of premium 20,000,000 won (e.g. 2,000,000) shall be paid at the time of the contract and the balance of the receipt (e.g. 18,000,000) shall be paid on July 31, 2014; (b) the transferor shall not enter into a contract for acquisition of the rights to the above real estate by agreement; (c) the transferor shall remove all the particulars of the lease rights to the transfer; and (d) the transferor shall not enter into a lease agreement into 00,000,000 won, including all the particulars of the lease rights to the transferee; and (e) the transferor shall not enter into a lease agreement into 30,000,000,0000,000,000,0000 won.

- The transferor shall provide guidance on the method of cooking amer new, except for the number of deadland.

C. On July 25, 2014, the Plaintiff paid the Defendant the premium, down payment, and remainder, concluded a lease agreement with Nonparty G, the owner of Jongno-gu Seoul building C, and reported business succession on July 29, 2014 with the trade name “H”, and on July 31, 2014.

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