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1. From July 13, 2017 to July 13, 2017, the Defendant shall have the first floor of 171.88 square meters and the second floor among the buildings indicated in the separate sheet from the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. 1) The Plaintiff from C to C is the building indicated in the separate sheet (hereinafter “instant building”).
(2) Of the instant building, D was donated on May 29, 2007 with 8/10 shares, and 2/10 shares among the instant buildings on May 29, 2007. The Plaintiff is a 171.8 square meters and 171.88 square meters among the instant buildings (hereinafter “instant store”).
(2) On August 7, 2010, the Plaintiff and D (hereinafter referred to as “Plaintiffs”) concluded a premium agreement with the Defendant to deliver all facilities and goodwill (hereinafter referred to as “the premium agreement of this case”) with respect to the instant store as premium of KRW 165,00,000 (contract amount of KRW 5,000,000) with the Defendant around August 7, 2010.
In addition, around the 9th day of the same month, the Plaintiff leased the instant store to the Defendant with the lease deposit of KRW 100,000 (contract deposit of KRW 5,000,000) and the lease term of KRW 36 months from August 12, 2010 to August 11, 2013 (excluding value-added tax).
Pursuant to each of the above contracts, the defendant paid 10,000,000 won to the plaintiff on the same day.
3) On August 12, 2010, the Defendant paid to the Plaintiff a total of KRW 161,500,000,000 for the remainder of the lease deposit and the premium for facilities under the said lease agreement, by means of account transfer. On the same day, the Defendant paid KRW 90,000,000 at a discount of KRW 10,000 from the remainder of the premium for the remainder of the premium. (4) At that time, the Defendant received the instant store from the Plaintiff’s side and completed the Defendant’s spouse’s business registration under the name of “G” and operated the restaurant.
5 The Plaintiff and the Defendant extended the term of lease from August 1, 2013 to August 11, 2015; the term of lease is extended from August 12, 2013 to August 11, 2015; the term of lease is one year; the term of lease is the same for one year; from August 12, 2014 to 5,500,000 won; and the term of lease is extended from August 2015 to August 11, 2017.