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(영문) 대전지방법원천안지원 2016.02.04 2014가단111128
손해배상(기)
Text

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

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

Reasons

Basic Facts

On September 19, 2014, the Plaintiff agreed to lease a prefabricated-type building located in Asan City (hereinafter referred to as “instant building”) in the name of “E” in the instant building, and entered into a contract for acquisition and transfer of rights in KRW 14,000,000 for the premium with Defendant B, who operates the restaurant in the name of “E” at the instant building.

(2) The term "transfer contract of this case" refers to the term "transfer contract of this case" (hereinafter "the contract of this case"). The above contract of transfer of right provides that "the entire facilities: the present facilities" and "the transferor of Article 2 (Transfer of leased Articles) shall deliver the above real estate to the transferee by the day before the commencement of the lease contract, and the transferor shall remove all the matters impeding the exercise of the right of lease and deliver all the facilities and goodwill to the transferee so that the transferee can conduct the business immediately upon receipt of the balance, and at the same time upon receipt of the balance: Provided, That the same shall not apply in cases where the contract is otherwise agreed upon."

2.The present contract is the current status of the facility and the transferor shall transfer all the facilities owned to the transferee at the same time as the balance is due.

3. In the event that this contract is inevitably rescinded by reasons other than the transferee of the present store, or major defects or rents of the building before the present contract are to be increased, this contract shall be rescinded and all the down payment shall be refunded without penalty.

The term "" is written as "."

On September 30, 2014, the Plaintiff: F, the owner of the instant building, under the brokerage of Defendant B, and F, deposit KRW 5,00,000, monthly rent of KRW 600,00.

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