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(영문) 서울중앙지방법원 2018.03.14 2017나73787
계약금반환 청구 등의 소
Text

1. Of the judgment of the first instance, the Plaintiff against Defendant C, D, and E, corresponding to the amount ordered to pay under the following sub-paragraph 2.

Reasons

1. Basic facts

A. On June 20, 2016, the Plaintiff entered into a contract for acquisition or transfer of facilities and rights (hereinafter “instant contract for acquisition or transfer of rights”) with Defendant C and D, a broker of Defendant E, a licensed real estate agent, under Article 101 of the Songpa-gu Seoul Metropolitan Government F101 (hereinafter “instant store”). On the same day, the Plaintiff paid KRW 10,000,000 as down payment under the instant contract for acquisition or transfer of rights to Defendant C and D. The relevant content of the instant contract is as follows.

Article 1 of the Agreement on the Acquisition or Transfer of Facilities and Rights / [Purpose] The transferor (Defendant C, D) and transferee (Plaintiff) of rights to the store of this case shall enter into a contract for the acquisition of rights as follows by agreement:

Total premium: 25,000,000 won: 10,000,000 won at the time of the contract and received at the time of the contract. The remainder shall be paid before July 15, 2017.

The scope of transfer: The transferor shall remove all the facilities of the store of this case and the assets kept therein.

Article 4 [Cancellation of Contract] (1) The transferor shall compensate for the amount double the down payment before the transferee pays the intermediate payment (if there is no intermediate payment agreement, the balance), and the transferee may waive the down payment and cancel this contract.

(3) The transferor shall endeavor to make the lease contract concluded between the owner and the transferee on the basis of the terms and conditions of the lease contract as set forth below, and where the lease contract is not normally concluded or does not proceed, the transfer or acquisition of rights shall be cancelled, and the down payment and intermediate payment received by the transferor shall be immediately refunded to

Lease deposit (e.g., lease deposit): 20,000,000 won per month: The contract period of KRW 1,500,000 per month: The contract is based on the premise that the lease contract for the store of this case is concluded between July 16, 2016 and July 15, 2018.

Therefore, the lease contract will be made within the time limit.

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