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1. The defendant shall receive KRW 20,000,000 from the plaintiff and at the same time indicate the attached real estate to the plaintiff.
Reasons
1. Basic facts
A. On April 30, 2013, C, the Plaintiff and the Plaintiff’s spouse, purchased real estate indicated in the attached Form, and the former owner succeeded to the lessor’s status of a lease agreement that leases the portion of “A” (hereinafter “instant building”) that was connected in turn to D among the two floors of the real estate indicated in the attached Form No. 1, 2, 8, 9, 6, 7, and 1, with the following content:
- The lease contract date: - the lease deposit amount of KRW 20 million - the lease term: until September 5, 2016: 70,000 won per month (However, at the time of succession to the status of the said lessor, the Plaintiff, C, and D agreed to increase the lease amount of KRW 1,00,000 per month from September 5, 2013. (B) D following the conclusion of the said lease contract, with the trade name of the “Evest Points” (hereinafter referred to as the “instant main place”).
(c) The Defendant operated the instant building. On December 19, 2013, in the name of the mother of F, the Defendant entered into a contract with D to acquire the instant main points and goodwill KRW 87 million in premium. D. The Plaintiff, around December 2013, entered into a lease agreement with the Defendant with respect to the instant building as follows: (a) lease deposit: KRW 20 million in rent - KRW 1 million in rent: from April 30, 2013 to September 5, 2016; (b) from April 30, 2013 to September 5, 2016, the date on which the Plaintiff and C acquired the ownership of real estate indicated in the attached real estate:
A person shall be appointed.
E. On January 6, 2014, the Defendant paid the lease deposit amount of KRW 20 million to D, and issued a receipt for the lease deposit received from D to the Plaintiff.
F. On May 11, 2016, May 23, 2016, and August 26, 2016, the Plaintiff and C notified the Defendant that they refuse to renew the lease agreement after September 5, 2016, which is the expiration date of the lease agreement on the instant building, on three occasions in total.
G. On May 30, 2016, the Defendant issued the Plaintiff’s notice of rejection of the said renewal.