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The part against the plaintiff falling under the order of payment under the judgment of the first instance shall be revoked.
The defendant.
Reasons
1. Facts of recognition;
A. On April 8, 2017, the Defendant acquired 208,000 gross premium for the instant business facilities from F on the ground (hereinafter “instant business facilities”) of Seodaemun-gu, Seoul, and two parcels, including Seodaemun-gu, Seoul, as well as from F, for KRW 80,000,00. At the time of the said acquisition, the lease agreement on the instant business facilities was for 27 months from April 1, 2017 to July 31, 2019, the lease agreement for the instant business facilities was for 1,000,000 lessor G, and KRW 6,830,000,000 for monthly rent, and the lease period was for 27 months from April 1, 2017 to July 31, 2019.
B. When the owner of a building with the instant business facility changed from G and one other to H on June 11, 2018, the Defendant entered into a lease agreement with H on June 19, 2018, setting the lease agreement as 100,000,000, monthly rent of KRW 7,200,000, management expenses, and KRW 700,000 (total monthly rent and management expenses including value-added tax), from June 19, 2018 to June 19, 2020.
C. After November 10, 2018, the Defendant transferred the instant business facility to the Plaintiff, while paying KRW 145,00,000,000 for total premium, paid KRW 30,000 on the day the down payment was made, and the remainder KRW 115,00,000 was paid on the day, and entered into a contract for the acquisition and transfer of rights (hereinafter “instant transfer contract”) with the payment on December 10, 2018. The Plaintiff paid KRW 30,000 to the Defendant as the down payment on the same day.
Article 4(3) of the instant transfer agreement provides that “The transferor shall make maximum efforts to conclude the instant transfer agreement with the owner and the transferee on the basis of the terms and conditions of the lease agreement (which may be changed upon the request of the owner) with the owner and the transferee before the payment date of the balance is due, and where the lease agreement is not normally concluded or does not proceed, the instant transfer agreement shall be rescinded, and the down payment and intermediate payment received by the transferor shall
E. However, at the time of the transfer contract of this case, transfer and acquisition shall be made.