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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 28, 2013, the Plaintiff paid the entire 5th floor D from the owner of the building in KRW 40,000,000, monthly rent, and KRW 2,100,000 from the owner of the building in KRW 40,00,00, the Plaintiff has established and operated a mutual golf practice range called “E” (hereinafter “ golf practice range”).
B. On August 21, 2014, the Plaintiff’s death penalty F entered into a contract with the Defendant to transfer the golf practice range to KRW 150,000,000 on behalf of the Plaintiff for a change of the name and transfer of rights. The Plaintiff was paid KRW 10,00,000 on August 25, 2014.
C. In order to establish and operate an additional screen driving range, the Defendant: (a) leased all D 4 floors from C in KRW 50,000,000, monthly rent of KRW 2,000,000 from August 30, 2014; and (b) paid the full deposit on August 12 and August 30, 2014.
On October 10, 2014, the Defendant entered into a contract with the Plaintiff’s agent F to pay KRW 170,000,000 for the remainder of KRW 160,000,000, as well as for the remainder of KRW 160,000,00 for the original contract, on December 31, 2014.
E. On October 10, 2014, the Defendant entered into a contract with C to rent KRW 40,00,000 for a golf range building, and KRW 2,400,000 for a monthly rent. On October 14, 2014, the Defendant changed the contract with C to reduce the rent to KRW 2,100,000 for a monthly rent or KRW 2,300,000 for a rent period, instead of increasing the deposit to KRW 50,000 for a rent. On December 31, 2014, the Defendant paid the full deposit to C pursuant to a modified contract.
E. In addition to the down payment of KRW 10,000,000 paid on August 21, 2014 as the purchase price to the Plaintiff, the Defendant: (a) on November 22, 2014; and (b) on December 3, 200,000; and (c) on December 31, 2014.