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1. The Defendant’s KRW 270,000,000 as well as 6% per annum from July 1, 2016 to April 10, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. On December 30, 201, the Defendant entered into a lease agreement with D as to the first floor (hereinafter “instant store”) among the land buildings in Suwon-gu, Suwon-si (hereinafter “instant store”). From January 31, 2012, the Defendant entered into a contract for the transfer of business (hereinafter “instant contract for the transfer of business”) with the Plaintiff on June 2, 2016, while operating the said store E from January 31, 2012.
1. Indication of real estate - Location: Suwon-si C1st (including all) parking lots (including the whole) in Suwon-si : E;
2. Indication of the amount of rights - Amount of rights (including facility costs): Special agreement on KRW 270,000,000;
2.The present condition shall include all of the facilities.
B. On June 25, 2016, the Plaintiff entered into a lease agreement with D with regard to the instant store, paid the Defendant the amount of KRW 270,000,000 by June 30, 2016, and operated E stores from around that time after receiving delivery of the instant store from the Defendant.
C. On the other hand, among the instant stores, the annexed drawings are indicated 50, (2), (3), (4), (5), (4), (1), (1), (1), (1), (1), (2), (1), (1), (2) on the ship connected each point of the 50s (Ga), (2) (hereinafter referred to as the "Ga") and (b) (hereinafter referred to as the "Ga") are the parking lots under the building permit, and the Defendant used the (Na) portion as part of the said store's kitchen and neglected.
On March 31, 2017, Suwon-si ordered D, the owner of the instant store, to voluntarily maintain the foregoing without permission to change the use of the parking space as its original parking facility.
[Reasons for Recognition] Facts without dispute, Gap's 1 to 7, 14, and 15 (including branch numbers, if any) and the purport of the whole pleadings
2. The parties' assertion
A. At the time of the conclusion of the contract for the transfer of the business of this case, the defendant explained that the (A) part of the store of this case is a parking lot, which can be used as a warehouse, and the (B) part is illegal.