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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. The Plaintiff is a stock company established on June 14, 2007 for the purpose of the new construction of a building and the sale of a building in lots. The Plaintiff is a company that newly constructs a “D building” on the C parcel number (hereinafter “instant building”).
B. On July 12, 2016, the Defendant concluded a sales contract with the Plaintiff, a trustee and seller, F Co., Ltd., G Co., Ltd., H Co., Ltd., H Co., Ltd., and the beneficiary holding concurrent office as a truster (hereinafter “instant sales contract”). The special agreement stipulates that “The types of business on the first floor I and E shall be designated as convenience stores and pharmacies, and the exclusive authority shall be recognized. I and E are valid even in cases where ownership is modified.” The exclusive authority of the instant building is also valid in the instant case’s building, other than convenience stores I and pharmacy E.
C. On July 12, 2016, J, the Defendant’s spouse, concluded a sales contract with the said FF Co., Ltd., G, H Co., Ltd., and the Plaintiff with respect to the instant building K on the same day.
After the instant sales contract was concluded between the Plaintiff and the Defendant, on the premise that the exclusive pharmacy store right of the entire building of this case was granted to the Defendant, the contractor under subparagraph e of the building of this case, the “L pharmacy exclusive confirmation document” (hereinafter “instant confirmation document”) was prepared to the effect that the store occupant right of the entire four floors of this case is additionally granted to the Defendant.
E. On October 16, 2017, the Plaintiff issued a certificate of content to the effect that the designation of a pharmacy for the instant building No. 5 was revoked on the ground that the Plaintiff returned the principal of the instant building No. 1, N, andO to the Defendant’s side, on the following grounds: (a) the Plaintiff issued a certificate of content that the designation of a pharmacy for the instant building No. 5 was revoked.
【Ground of recognition” without any dispute, Gap's 1, 7 through 9, Eul's 1 through 2, and the purport of the whole pleadings.
2. The plaintiff's assertion.