손해배상(기)
1. The plaintiff's claim of this case against the defendants is dismissed in entirety.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On February 2, 2008, Defendant B paid KRW 160,000,000 for the premium of KRW 160,000 from G, a lessee of the Gangnam-gu Seoul F building (hereinafter “instant building”) to take over the said right of lease, and thereafter, Defendant B operated the H pharmacy (hereinafter “instant pharmacy”) from around that time.
B. On December 2012, Defendant B acquired the “J Pharmacy” located in Gwanak-gu in Seoul Special Metropolitan City, and around that time, Defendant B changed the name of the tenant of the instant pharmacy between K and K, the owner of the instant building, into the name of Defendant C, the ASEAN.
C. On March 8, 2013, the Plaintiff entered into a contract for acquisition or transfer of rights (facilities) with Defendant D, an employee of the Licensed Real Estate Agent Office operated by Defendant E, to acquire the right of lease owned by Defendant B from Defendant B regarding the instant pharmacy at KRW 380,00,000 (hereinafter “instant contract”).
On March 11, 2013, the date of the instant contract, the Plaintiff paid KRW 40,000,000 for the down payment on March 11, 201, and KRW 100,000 for the first intermediate payment on April 9, 2013, and upon Defendant D’s request, remitted KRW 3,00,000 to the new bank account in the name of E on June 25, 2013, and KRW 2,50,000 to the account in the name of L Bank on August 19, 2013, respectively.
E. Around August 27, 2013, Defendant B, the owner of the instant building, obtained the consent of K upon the request of K to “only the name of the lessee to the instant pharmacy but only changed from Defendant B to the Plaintiff” and then drafted a “lease Agreement” in the name of the Plaintiff between K and K. The main contents are as follows.
From August 27, 2013 to February 27, 2014, the lease term of KRW 00,000,000,000 for the monthly rent of the lease deposit shall be renewed on February 27, 2014.
F. On August 30, 2014, the Plaintiff (i.e., KRW 100,000 in the second intermediate payment of KRW 100,000 in accordance with the instant contract, and (ii) KRW 202,00,000 in total on August 31, 2013 (i.e., the remainder of KRW 140,000 in the instant contract).