(영문) 대전지방법원 2016.04.26 2015가단201562

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(영문) 대전지방법원 2016.04.26 2015가단201562

임대차보증금

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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. On February 20, 2014, the Plaintiff and the Defendant concluded a sales contract to sell facilities, goodwill, etc. related to E (hereinafter “instant store”) that the Defendant leased and operated the first floor of D University from C University (hereinafter “instant store”) to the Plaintiff (hereinafter “instant sales contract”).

The main contents of the instant sales contract are as follows.

1. Details of the store in this case 50,000,000 won (a lease between the Cuniversity and the Defendant) monthly rent of 1,00,000,000 won (no one shall be between January and February, July, and August) and goodwill premium of 30,00,000 won

4. Upon request of the buyer, the seller cooperates with the C University so that the buyer can enter into a lease agreement. If the buyer is unable to enter into a lease agreement with the C University in 2014, the sales agreement in this case shall be null and void without any penalty.

December 31, 2014, seller's liability ceases to exist.

5. The buyer shall carry on a business using the name of the seller, serve as the employee of the seller, but does not request the seller to pay benefits or other welfare benefits, and shall pay taxes, public charges, and insurance premiums, etc., following the operation of the store of this case in good faith;

6. On February 20, 2014, the buyer paid the seller KRW 30,000,000 to the seller for the facilities and goodwill premium for the instant store, and the buyer paid the seller KRW 50,00,000 to the seller for the lease deposit under the lease contract concluded between the seller and Cuniversity, and the buyer completed the instant sales contract by paying the seller KRW 50,00,00

Accordingly, it is confirmed that 50,000,000 won is the buyer's ownership of the lease deposit deposited in the C University.

7. The instant sales contract cannot be cancelled by a simple change, unless the seller’s promise is clearly reversed, and the facilities and goodwill premium shall not be refunded when the contract is terminated, and shall be paid to the seller for the restoration of the original state.

B. The Plaintiff is around the time of the instant sales contract.

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