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The judgment of the first instance shall be modified as follows:
The defendant shall be a member of Ansan-si by June 8, 2028.
Reasons
1. Basic facts
A. The Defendant has operated a restaurant that sells Chinese food (hereinafter “instant restaurant”) under the trade name “G” in the name of “G” by leasing the F 1st floor store in Ansan-si.
B. On June 8, 2018, the Plaintiff and the Defendant entered into a contract on the transfer or acquisition of real estate rights to the instant restaurant (hereinafter “instant contract”). The main contents are as follows.
The transferor and transferee of a contract for the transfer and acquisition of real estate rights shall enter into a sales contract for real estate rights with the following indication:
The number of permission (report) for the type of business of 137.64 square meters in the area of the Dong-gu, Ansan-si.
1. Indication of real estate;
2.To pay the amount of rights and the amount of rights on the property above Article 1 of the Terms of Contract as follows:
- Amount of right 37,00,000 - down payment 1,000,000 won for down payment and receipt at the time of the contract - The remainder 36,000,000 won shall be paid on June 18, 2018.
Article 2 The transferor shall transfer the above real estate to the transferee by the day before the commencement of the lease contract, and the transferor shall remove all the matters impeding the exercise of the right of lease and deliver all the facilities and goodwill to the transferee so that the transferee can operate immediately at the same time as the receipt of the balance.
except as otherwise provided in the agreement.
Article 4 (3) The transferor shall endeavor to conclude the lease contract with the owner and the transferee to the maximum extent possible on the basis of the following terms and conditions of the lease contract (the change may be made at the request of the owner) before the payment date of the balance. In the event the lease contract is not normally concluded or does not proceed with, this right acquisition contract shall be rescinded, and the down payment and intermediate payment
C. The Plaintiff paid KRW 37,00,000 to the Defendant under the instant contract, and around June 18, 2018, the store and facilities of the instant restaurant from the Defendant.