(영문) 서울고등법원 2015.11.12 2015나2003134

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(영문) 서울고등법원 2015.11.12 2015나2003134

권리금반환청구등

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

(a) A contract for the transfer of rights 1) Dong-gu, Nam-gu, Dong-gu (hereinafter “instant commercial building”).

(2) Article 101 of the Commercial Building A(hereinafter “instant store”) of the former Commercial Building A(hereinafter “instant store”) was a “D pharmacy.” The Plaintiff, a pharmacist, was closed from the Defendant, and thus, the Plaintiff was the Plaintiff’s store No. 101 of the instant shop.

A) On February 14, 2013, when a pharmacy is established, he/she listens to the phrase that he/she is able to operate an exclusive pharmacy in the instant commercial building A, and on February 14, 2013, he/she is entitled to transfer the entire goodwill of the instant store from the Defendant to KRW 300 million for premium (hereinafter “instant contract for transfer of rights”).

The transfer price is determined as follows. The main contents of the contract are as follows. [Indication of the real estate subject to the transfer purpose right and the right] On the transfer of the above right, the transferee shall pay the acquisition price as follows: The transfer price: 30 million won, the down payment, the down payment of KRW 90 million, and the down payment of KRW 2 (Duration) shall be responsible for the transferor and the transferee shall be able to enter into the lease contract for the above deposit and the monthly household until the end of 2013, or the transferee shall be able to use and benefit from the above real estate for the same period, and the transferee shall be able to use and benefit from the above real estate for the same period as the above type of business until the end of 2012.

1. The balance of the transfer shall be the immediate payment rate for the name of the present/D Contracting State.

2. The term of the lease contract shall be five years (60 months) and the term of the lease shall be fixed terms;

(Contracting Monopool)

3.The cost of interior interior test of a pharmacy shall be paid on the actual cost to the transferor of the name city of the name city of the present/D pharmacy.

4. The balance of the transfer proceeds shall be the payment key immediately after checking the name of the present/D Contracting State.

5.The deposit shall be made in full prior to the date of the sale, and shall be the transferee of the present/D unclaimed city.

유사 판례

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