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Defendant B received from the Plaintiff the list of buildings indicated in the attached sheet from the Plaintiff, and at the same time, KRW 25,050,000 to the Plaintiff.
Reasons
1. Basic facts
A. On March 16, 2018, the Plaintiff acquired the status of lessee as to the building in question and a household sales store from Defendant C, who leased the building listed in the attached list owned by Defendant B (hereinafter “instant building”). B. Around March 16, 2018, the Plaintiff entered into a lease agreement with Defendant B for the term of KRW 30 million, monthly rent 4.5 million, and the term of lease from March 16, 2018 to March 15, 2020 (hereinafter “instant lease agreement”), and operated the instant building as “D sales store” upon delivery.
(c)
The instant building was originally constructed as a second-story building with a total floor area of 501m2,00 square meters, for the purpose of the first class neighborhood living facilities (stores). However, prior to Defendant C’s lease of the instant building, it was illegally remodeled to the fourth floor by Defendant C. Around January 2020, Defendant C issued an order of restoration from a regular inspection of fire-fighting systems to the original state (hereinafter “instant control”), and Defendant B performed restoration work around February 202.
(d)
On the other hand, on December 23, 2019, the Plaintiff decided to transfer to E the status of lessee and store facilities, etc. of the instant building as the acquisition date on February 15, 2020, and the down payment is five million won from E. However, as the area of business has decreased substantially due to the control of the instant building, the said agreement was reversed at E’s request, and the down payment was returned to E.
E. On March 15, 2020, the Plaintiff discontinued the business of a household sales store, and reported the suspension to the competent authorities, but did not collect the households remaining in the instant building until the date of closing the pleadings of the instant case.
[Ground of recognition] Unsatisfy, Gap 1 through 9, 12, 15 evidence.