(영문) 서울중앙지방법원 2015.06.19 2015가합505996

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(영문) 서울중앙지방법원 2015.06.19 2015가합505996

권리양도금반환

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. While the Defendant leased the 6th floor of the Jongno-gu Seoul Metropolitan Government Building 4, 5, and 6 Self-Governing Management Council, and operated the D party hall and E (hereinafter “the party hall of this case”), he intended to transfer all the rights, such as the right of lease, and the overall facilities regarding the party hall of this case, and requested G working for A (the former trade name shall be F. and hereinafter “A”) who is the consulting company.

B. On August 8, 2013, the Defendant concluded a consulting contract with A for the transfer of rights and facilities relating to the party headquarters of this case. G was established on September 4, 2013 to directly acquire the rights and facilities relating to the party headquarters of this case and was assigned to the Plaintiff’s internal director.

C. On September 10, 2013, the Plaintiff entered into a contract with the Defendant to comprehensively take over the rights and facilities of the instant party headquarters (hereinafter “instant acquisition agreement”) with the Defendant, and set forth KRW 400,000 as the acquisition price for the facilities and rights (hereinafter “the instant acquisition price”). Of the contract, KRW 150,000 as the down payment is paid at the time of the contract, the remainder KRW 250,000,000 as the down payment shall be paid at November 11, 2013. The deposit for the lease of the building located in the instant party headquarters was paid by the Defendant from the owner, and the Plaintiff shall be paid separately to the owner.

The main contents of the instant transfer agreement are as follows, and the Plaintiff paid the Defendant the down payment of KRW 150,000,000 on the day of the contract.

Article 3 [Reversion of Profits and Taxes] The attribution of profits and the burden of taxes, public charges, etc. arising from the above real estate shall be based on the balance date of the premium for the said real estate before the transfer, belonging respectively to the transferee, and the transferor shall pay 9,000,000 won, which is a part of the operating profit, to the transferee before the remainder is paid.

Part of the premium accrued before the remainder payment date after the lease date.

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