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(영문) 대구지방법원서부지원 2015.10.07 2014가단26976
권리금반환 청구의 소
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 60,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from October 3, 2014 to October 7, 2015.

Reasons

1. Facts of recognition;

A. On June 29, 2014, the Plaintiff entered into a contract for the transfer of a member of the Council (hereinafter “instant contract”) with the Defendant and the Defendant to transfer on August 24, 2014, and to pay KRW 160 million in return for the transfer of the “C” (hereinafter “instant member”).

Article 1 The second floor premium of the D building in Gangseo-gu Seoul Metropolitan Government at the location of the indication of the transfer real estate shall be paid at the time of the contract in the amount of KRW 160 million on August 24, 2014, Article 2 (Land Payment Agreement) down payment 16 million on the premium method (land payment agreement) of August 24, 2014.

The intermediate payment of KRW 40 million shall be paid on July 14, 2014.

Any balance of KRW 100 million shall be paid on August 23, 2014.

Article 3. (1) Details of transfer: (2) Where the monthly rent of KRW 2.8 million for the case of a lease agreement is known to the lessee of the building, the increase shall be paid for 24 months.

(3) An agreement, etc. to implement Article 4 of the ancillary facilities and equipment, etc. (1) The time of transfer shall be August 24, 2014 (Provided, That this shall not apply where premium has been paid in full) to transfer from August 24, 2014.

(2) No transferee shall exercise his/her rights to a hospital, and exercise his/her rights to all matters related to incidental facilities, equipment, etc. before the time of transfer without the transferor's permission or consent.

(3) The transferor may compensate for the amount double the contract amount by penalty, cancel the contract, and even until the transferee pays the intermediate payment, until he/she receives the intermediate payment from the transferee (in cases where there is no intermediate payment, until he/she receives any balance), and may waive the contract deposit and cancel the contract until the transferee pays the intermediate

Matters not stated in this Agreement shall be stated in the special agreement upon mutual agreement and shall be observed between them, and shall be based on the oral agreement between them as to other matters not stated.

In principle, the transferee of the special agreement (other matters) shall become a contract with the owner of the building.

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