(영문) 부산지방법원 2016.08.23 2015가단74424

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(영문) 부산지방법원 2016.08.23 2015가단74424

손해배상(기)

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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. The defendant is a person operating a general restaurant under the trade name of "D" in the Dong-gu Busan Metropolitan City, and the plaintiff is a person who entered into a lease contract and a contract for the transfer of facilities with the defendant (hereinafter "the transfer contract of this case").

B. Conclusion of this case’s transfer contract and its contents

5. The Defendant (Defendant) shall be liable for guaranteeing a definite lease relationship to B in return for the right contract deposit received from the Plaintiff (Plaintiff) and for the lease relationship.

In addition, in principle, A shall enter into a building owner and a lease contract, and if the building owner and the lease contract are not made because it is difficult to achieve the purpose of lease due to non-permission for the type of business other than the terms of this contract and other matters, this contract shall be null and void, and both A and the premium received shall be immediately refunded to B.

8.B shall have the right to enter into a lease agreement on the present building in return for the payment of the down payment and the ownership interest rate after the rent for the facilities referred to in sub-paragraph 4 above.

1) On June 1, 2015, the Defendant concluded a contract for the transfer of the instant right between the Plaintiff and the Plaintiff on June 1, 2015, stating that “The Defendant shall transfer all of the Defendant’s rights and facilities under the lease agreement to the Plaintiff in the amount of KRW 160 million, but shall be paid KRW 50 million on the day the contract is concluded, and KRW 110 million on June 30, 2015, respectively, to the Plaintiff.” Accordingly, the Plaintiff paid KRW 50 million to the Defendant a down payment on June 1, 2015.

C. After the lapse of one year after the instant contract for the transfer of rights was concluded, the conclusion of the instant contract between the Plaintiff and the lessor was delayed due to the personal reasons of the lessor on the part of the lessor, and the Plaintiff was on July 11, 2015.

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