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1. The plaintiffs' claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The Plaintiffs are F’s children who died on January 201, 201, and Defendant D is the owner of the building on June 21, 2001, who purchased the second floor 213 stores (hereinafter “No. 213 store”) located in G located in G in G in Young-si District H (hereinafter “instant building”). Defendant E leased the store No. 213 and operated the pharmacy business from June 2016 to March 2017 under the name of “J pharmacy.”
B. On September 28, 2001, G and the first floor No. 119 of the instant building (hereinafter “instant sales contract”) concluded a sales contract (hereinafter “instant sales contract”) with G and the first floor No. 119 of the instant building; around that time, from January 201 to January 2016, K pharmacy was operated with the trade name “K pharmacy” at the 119 shop. The main contents of the instant sales contract are as follows.
◈ 부동산의 표시 ◈ 1층 제119호 (약국) 제4조 (지정용도 사용의무) ① 수분양자는 생활 편의시설 용도로 사용하여야 한다.
When this commercial building contract is concluded, it shall not be sold to the pharmacy except for the store No. 119.
Article 7 (Business) (4) Where a buyer intends to change the items of business specified in the mutual agreement agreement, he/she shall obtain approval from the seller.
C. On March 21, 2016, the Plaintiffs entered into a lease agreement with L and net F as a pharmacy: (a) monthly rent of KRW 18 million; (b) from March 28, 2016 to March 27, 2019; (c) concluded a lease agreement with a premium of KRW 1 billion; and (d) thereafter, on the ground that the sales profit from the establishment of a pharmacy at a pharmacy at 213:
5. A contract concluded on May 28, 2016 to March 27, 2019 for monthly rent of KRW 15 million, the term of lease from May 28, 2016 to March 27, 2019; a contract concluded on December 23, 2016 to KRW 4.5 million in monthly rent of KRW 4.5 million and the term of lease from December 28, 2016 to March 27, 2019 respectively.
[Reasons for Recognition] There is no dispute, and Gap's 1 to 5.