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(영문) 울산지방법원 2015.07.16 2015가합324
건물명도
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of lawsuit;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On July 4, 2013, the Plaintiff entered into a lease agreement with D, the owner of the instant building, under the name of the Plaintiff himself/herself for No. 401 among the buildings listed in the separate sheet (hereinafter “instant building”), and for No. 402, the Plaintiff’s discount.

The Plaintiff and D set the deposit under the above lease agreement as KRW 401,00,000, KRW 402, and KRW 20,000, KRW 400, KRW 401, KRW 600,000, KRW 402, KRW 1,000, KRW 402, and the term of the lease was set from July 5, 2013 to July 5, 2018.

On July 4, 2013, the Plaintiff completed the registration of the establishment of chonsegwon by setting the lease deposit amount as KRW 100,000,000, which is the sum of each lease deposit, and the lease period as from July 5, 2013 to July 5, 2018.

B. On November 13, 2013, the Plaintiff, who leased the instant building, entered into a contract for transfer or acquisition of the instant building at the place of business with the Defendant (hereinafter “instant transfer contract”). The transfer price was determined as KRW 250,000,000, and the down payment was paid to KRW 10,000 on the day, and the advance payment was paid to KRW 90,000,000,000 after the Defendant acquired the Defendant’s business registration, and the remainder of KRW 150,00,000 was paid in 12,50,000 each month.

C. Article 4 of the instant transfer contract provides that “In the event of the failure of the fourth installment payment during the performance of the remainder, the assignee B refers to the instant building (EE building 4F overall) under the contract. It was determined that all the powers, such as the entire equipment invested in the facility and the transfer of business registration, are transferred to the transferor.”

On November 25, 2013, the Plaintiff and the Defendant drafted a notarial deed concerning the Defendant’s performance of the acquisition price under the instant transfer contract, and KRW 240,000,000, excluding the down payment of KRW 10,000,000, out of the business place acquisition price of KRW 250,000.

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