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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
A. On March 15, 2011, the Defendant: (a) connected C with each point of (a) part of (a) part of 106 square meters in the ship connected each point of the real estate indicated in the attached Table No. 1, 2, 3, 6, and 1 among the real estate listed in the attached Table No. 1, 201, owned by
30,000 won per month without any deposit, and the term of lease shall be from March 15, 201 to June 15, 201 and leased (hereinafter “instant lease agreement”).
(B) On April 16, 2013, C and D, her husband, transferred the instant store to C with the trade name “E” at the instant store, and upon selling and selling the instant E business license to the Plaintiff on April 16, 2013, the right of lease under the instant lease agreement (hereinafter “the right of lease”).
(C) The Plaintiff agreed to transfer the instant store to the Defendant. The Plaintiff transferred monthly rent of KRW 300,000 to the Defendant’s Korean bank account, the Defendant’s spouse, from May 2013 to October 2016. D. Meanwhile, while using the instant store, the Plaintiff used the instant store, and transferred the instant store to the Defendant KRW 300,000.
(E) Although the management expenses from April 2013 to May 2014 were paid to the Plaintiff, there was no subsequent dispute over the management expenses from June 2014. Accordingly, the shopping mall association filed a lawsuit against the Plaintiff seeking the payment of the management expenses from June 2014 to March 2015, and rendered a final judgment that “the management expenses amounting to KRW 1,400,053 and the interest thereon shall be paid” (Seoul District Court Decision 2015Da1619, Feb. 17, 2016). The said judgment was maintained and finalized in the appellate court as it was. The Defendant paid the unpaid management expenses, etc. of the Plaintiff to the shopping mall association (hereinafter “management expenses claim”).
B. He takes over the business, and the commercial building operation association shall transfer the above assignment to the Plaintiff.