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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 July 24, 2013, the Plaintiff entered into a lease agreement with C as to the first floor Nos. 101 and 110 (hereinafter “each of the instant real estate”) and operated a mutual convenience store (hereinafter “the instant convenience store”) stating that the deposit amount is KRW 50 million per month, KRW 180,000 per month, and KRW 180,000 per month, and KRW 180,000 per month, and KRW 180,000 per month, and KRW 24, 2016.1.
B. On July 4, 2014, the Plaintiff entered into a transfer contract stipulating the transfer price of KRW 110 million for the facilities and rights of the instant convenience store to the Defendant, and received the down payment amount of KRW 20 million from the Defendant on the same day.
C. On July 8, 2014, the Defendant entered into a lease agreement with C and each of the instant real estate in cooperation with the Plaintiff, setting the deposit amount of KRW 50 million per month, KRW 2.3 million per month, and the period from the delivery date of the instant real estate until 60 months.
Since then, the Defendant paid to the Plaintiff KRW 48.2 million on July 20, 2014, and KRW 10 million on July 21, 201, and thereafter, operates a mutual convenience point of “F” upon delivery of the instant convenience point from around that time.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-4 (including paper numbers), Eul evidence Nos. 1, 2, and 8, the purport of the whole pleadings
2. Determination
A. According to the above facts, barring any special circumstance, the Defendant should pay to the Plaintiff the balance of the transfer price for the facilities and rights of the instant convenience store (i.e., KRW 10 million - KRW 20 million - KRW 482 million - KRW 10 million) and its delay damages, barring any special circumstance.
B. On July 8, 2014, a summary of the Defendant’s defense of the Defendant, around July 1, 2014, agreed to pay KRW 31.8 million out of the transfer price to be paid by the Defendant to the Plaintiff to C, not the Plaintiff, to which the Defendant had to pay the Plaintiff, and thereafter, the Defendant paid the said money to C.
Therefore, the defendant is greater than the plaintiff.