(영문) 서울동부지방법원 2017.07.20 2016가합110381

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(영문) 서울동부지방법원 2017.07.20 2016가합110381

계약금 반환

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1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

Of the buildings located in Nowon-gu in Seoul Special Metropolitan City, the Defendant leased Nos. 102 and 103 (hereinafter “instant store”) from D, its owner, and the Plaintiff was a person who tried to operate the instant store at the instant store.

On September 22, 2015, the Plaintiff entered into a contract with the Defendant on the instant store (hereinafter “instant contract”) including the following terms, and paid KRW 200,00,000 as part of the down payment and intermediate payment to the Defendant by September 30, 2015 under the instant contract.

Rights (Facilities) Transfer Contracts

1. Indication of real estate: Store of this case;

2.Article 1 of the Contents of the Contract / [Purpose] The transferor and transferee of the right to the above real estate shall enter into a contract for the transfer of right as follows by agreement:

Total premium: 430,000,000 won contract amount: 50,000,000 won shall be paid and received at the time of the contract. B (2) 150,000,000 won shall be paid on September 30, 2015; 50,000,000 won shall be paid on March 30, 2016; 180,000,000 won shall be paid on October 29, 2016.

Article 2 (Transfer of leased Articles) The transferor shall transfer the above immovables to the transferee by the day immediately before the commencement of the lease contract, and the transferor shall remove all the matters, etc. obstructing the exercise of the right of lease and deliver them to the transferee, including all facilities and goodwill, so that the transferee can conduct the business immediately at the time of the receipt of the balance.

except as otherwise provided in the agreement.

Article 4 [Cancellation of Contract] (2) If the transferor or transferee fails to perform any of the terms and conditions of this Agreement, the other party shall be notified in writing to the person who has defaulted and the contract may be rescinded.

In addition, the parties to the contract may claim the penalty for breach of contract respectively to the other party, and the contract deposit shall be regarded as the standard for penalty.

(3) A transferor shall lease the following before the payment date of balance:

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