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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Evidence 【Evidence” 1, A2, A3, A4, A5, A6, A7, A8-1 through 3, A14, B 1, B 2-1 through 3, B 3, B-8, witness D and all pleadings
A. The premium contract between the Plaintiff and E (1) E operated a pharmacy on the first floor 107 of the F building in the Suwon-si Area (hereinafter “instant commercial building”).
(2) On June 8, 2011, the Plaintiff, a pharmacist, concluded a premium agreement with E on a premium of KRW 65 million and paid KRW 65 million to E for the lease right to the commercial building of this case and its related business rights, facility expenses, etc.
B. (1) The Plaintiff entered into a lease agreement between the Plaintiff and the Defendants on August 1, 201, concluded a lease agreement between G and the instant commercial building, setting a deposit of KRW 80 million, monthly rent of KRW 2.6 million, and the period of two years, and paid KRW 80 million to G, and operated the pharmacy by moving into the instant commercial building.
(2) Upon purchasing the instant commercial building, the Plaintiff concluded a lease agreement with the Defendants on August 21, 2013, setting the term of lease from August 21, 2013 to August 20, 2015.
C. On June 3, 2015, the Plaintiff entered into a premium contract with D on a premium contract with D to transfer the right to lease on the commercial building of this case and its related business rights, facility costs, etc. to D, KRW 5,500,000,000,000 for a contract, intermediate payment of KRW 19,500,000 on June 11, 2015, and the remainder of KRW 30,000,000 on July 4, 2015, the Plaintiff shall pay the transferor’s down payment to the transferee before the transferee pays the intermediate payment, and the transferee may waive this contract by giving up the down payment and cancel this contract where the lease contract is not concluded normally or it is difficult to do so. The acquisition of this right is canceled, and the down payment and intermediate payment received by the transferor is also canceled.