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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. On October 13, 2009, the Plaintiff, upon entering into a lease agreement, leased on the following: (a) Nonparty 1, the co-owner of each of the 1/2 shares in Gangnam-gu Seoul Metropolitan Government B (hereinafter “instant building”) and Nonparty D’s 101 stores among the instant building (hereinafter “101 stores”) and 102 stores (hereinafter “102 stores”); and (b) the 101 stores and 102 stores (hereinafter “10 stores”); and (c) the 101 stores and 102 stores together referred to as “each of the instant stores”).
1) 101 store (1) 101: 4,370,00 won: 4,370,000 won (in the middle of 5,80,000 won) (3) monthly management expenses: 630,000 won (in the middle of 700,000 won). (4) Term of lease: From October 17, 2009 to October 16, 201 (in the middle of 2014, it shall be extended from October 16, 201): The name of the lessee. (2) A store under the name of the Plaintiff (E) 102: (1) a store under the name of the Plaintiff (B) 102.
B. On October 9, 2009, the Plaintiff entered into a contract for the transfer of the right to commercial building (store) facilities with the Defendant, which had been operating the restaurant in the name of “F” at each of the instant stores. The Defendant paid KRW 100 million premium (hereinafter “the instant premium”) to the Defendant in return for machinery and equipment and business rights, such as interior, air conditioners, kitchen equipment and supplies, etc. installed and used in each of the instant stores, and operated the instant store from October 17, 2009 to “G” with the trade name of “G”.
C. On May 20, 2013, the Plaintiff, including the right transfer failure to each of the instant stores, entered into a contract for the right transfer of each of the instant stores with Nonparty I by setting the right transfer amount of KRW 257 million in the name of Nonparty I, and received down payment of KRW 25 million in the name of Nonparty I. However, the lessor’s each of the instant stores was related to each of the instant stores.