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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On March 24, 2012, the Plaintiff entered into a real estate lease agreement with the Defendant, the owner of each real estate listed in the separate sheet No. 1 (hereinafter “instant kindergarten”) as the building located in the kindergarten located in the annexed sheet No. 2, as well as each of the real estate listed in the annexed sheet No. 1 (hereinafter “instant kindergarten”), with which the Plaintiff wishes to rent the instant kindergarten for KRW 250,000,000, monthly rent of KRW 9,000, and accordingly, operated the instant kindergarten.
B. On March 20, 2014, the Plaintiff concluded a real estate sales contract with the Defendant for the purchase price of KRW 2,050,000 with a view to purchasing and operating the instant kindergarten, on or before February 28, 2018 (However, until February 28, 2018, the Plaintiff entered into a real estate sales contract with the Defendant for the payment of the Plaintiff’s final balance and the transfer of ownership, etc. (if the Plaintiff wishes to do so), on or around October 2, 2015, to reduce the said purchase price to KRW 1,850,000,000, and the sales contract as of March 20, 2014 was concluded to invalidate.
C. However, as the competent office of education does not allow a change in the name of a kindergarten founder on the ground of the sale and purchase of the instant kindergarten, the Plaintiff and the Defendant around December 28, 2015: (a) on condition that the purchase price is KRW 1,850,00,000, as in the previous transfer; and (b) on condition that the Defendant’s kindergarten is closed, the Plaintiff may express his/her intent of the resolution of the completion of the reservation within three months from the date on which the Plaintiff knew or could have known that the lien was closed in the name of the Defendant; and (c) on March 20, 2014 and October 2, 2015, the sale and purchase contract concluded prior to the conclusion, concluded a pre-sale agreement that all becomes null and void (hereinafter “instant pre-sale agreement”), and made a provisional registration of the Plaintiff’s right to claim ownership transfer (hereinafter “instant provisional registration”).
The main contents of the instant reservation are as follows.