(영문) 서울남부지방법원 2019.12.20 2018가단254595

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(영문) 서울남부지방법원 2019.12.20 2018가단254595

손해배상(기)

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The 1st floor and 5st floor of Gangseo-gu Seoul Metropolitan Government were newly constructed around April 2001 and completed registration of ownership preservation in E on April 24, 2001 (hereinafter “instant building”). Of the instant building, the 3th floor of the instant building (hereinafter “instant public notice center”) is registered as the category of public notice source business and is operated as public notice source.

B. On November 18, 2016, Defendant C entered into a contract on the acquisition or transfer of the right (facilities) with the lessee F to pay the said premium to KRW 42 million in the name of Defendant B, including all the facilities and equipment of the instant Institute of Public Notice (hereinafter “instant Institute of Public Notice”), and then lease and operate the instant Institute of Public Notice in the name of Defendant B by paying the said premium to the lessee F.

C. On March 6, 2017, the Plaintiff entered into a real estate right transfer contract with Defendant B (Defendant C), the lessee of the instant Public Notice Board, under which the Plaintiff would be assigned the entire facilities and equipment of the instant Public Notice Board and its operating rights to KRW 60 million from Defendant B (hereinafter “instant contract”) and the main contents of the said contract are as follows.

The transferor and transferee of a real estate right transfer contract shall mutually agree and enter into a real estate right transfer contract as follows:

1. Location of indication of real estate: Gangseo-gu Seoul Metropolitan Government area of G (D): The entire H3 stories, each of which is a type of business and a type of business, the site area of which is 708m2.54m2:

2. Indication of right amount: Amount of right 60 million won; and

3. The terms and conditions of a contract for the transfer of rights (including the agreed terms and conditions of facility costs) KRW 6 million shall be paid at the time of the contract and the balance of C Receipt KRW 54 million shall be paid on March 31, 2017.

Article 1 (Amount of Transfer and Time of Payment) The transferee shall know the amount of transfer of the right to the above indicated real estate.

유사 판례

-수원지방법원 성남지원 2013.04.19 2012고단1772

-서울중앙지방법원 2020.09.04 2019가합551720

-의정부지방법원 2015.09.04 2014나52743

-서울남부지방법원 2015.06.04 2015나1609

-서울중앙지방법원 2018.07.16 2018나7459