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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 December 14, 201, the Defendant is the owner who completed the registration of ownership transfer with respect to the real estate listed in the separate sheet No. 1 (hereinafter “instant building”), and on June 25, 2013, the Defendant sold the instant building to Non-Party B Co., Ltd. (hereinafter “B”) for KRW 900 million on the date of the contract, and the intermediate payment is paid KRW 100 million on the date of the contract, and the intermediate payment is paid KRW 300 million until August 9, 2013, and the remainder amount is paid KRW 500 million until September 30, 2013, and was paid KRW 100 million on the date of the contract.
B. B, prior to the conclusion of the above sales contract, installed and occupied and used the instant building, but failed to pay the Defendant the intermediate payment and the remainder of the sales contract amounting to KRW 800 million. On February 17, 2015, B prepared a letter of performance stating that “In the event that the performance of the said sales contract is not completed by April 30, 2015, the Defendant waives his/her right to all facilities (facilities related to bathing).”
C. On October 23, 2015, the Defendant asserted that the above sales contract was rescinded on the grounds of the payment of the purchase price in B, and filed a lawsuit against B against Daejeon District Court 2015Da224190, which held that the termination of the contract by the Defendant is lawful. In the foregoing case, the court rendered a judgment that “B shall deliver the instant building to the Defendant” on August 11, 2016, and the said judgment became final and conclusive around that time.
On the other hand, the Plaintiff, around April 7, 2015, leased from B the attached list 2 of the instant building (hereinafter “instant store part”) with the term of lease from April 7, 2015 to 24 months, the lease deposit amount of KRW 40 million (hereinafter “instant lease”). On or around April 28, 2015: B’s name: B: “,” “A,” “date of opening business: April 27, 2015: The location of “place of business”: the Daejeon Middle-gu, Daejeon; the type of retail business; the type of retail business; and the food, beverage, and daily food: from that time to that time, the Plaintiff applied for the registration of business.