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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On July 17, 2017, the Plaintiff: (a) purchased each building on the Gangseo-gu Seoul Metropolitan Government Land and Ground Building (hereinafter “C Real Estate”); (b) on August 17, 2017, D site and Ground Building (hereinafter “D real estate”); (c) on September 8, 2017, E site and Ground Building (hereinafter “E Real Estate”); and (d) purchased each building (However, the Plaintiff purchased D real estate in the name of F, and subsequently changed the purchaser to the Plaintiff); (c) on the same D, C, and E (hereinafter “the instant existing building”); and (d) a corporation newly constructed a neighboring commercial building (hereinafter “instant building”); and (d) the Defendant leased a store of 1st floor and operated a new building as G (hereinafter “the instant building”).
(Lease Terms and Conditions are KRW 60 million, KRW 1.6 million per month, and up to October 4, 2018). (B)
For the construction of the building of this case, the Plaintiff agreed to pay the premium to the above D, C, and E building lessees, including the Defendant, and to receive the leased parts from the above lessees as shown in the attached Form.
(A) The Plaintiff and the Defendant paid the remainder of KRW 25 million on August 8, 2017, which is the date of the contract, and agreed to deliver the instant store at the same time as the payment of the remainder; hereinafter “instant transfer agreement” between the Plaintiff and the Defendant.
However, around September 8, 2017, the Defendant deposited KRW 10 million, a double of the down payment of KRW 5 million paid by the Plaintiff, and rescinded the instant transfer agreement. D.
The Plaintiff, except the Defendant, transferred all the leased premises from the lessees of D, C, and E buildings, but did not receive the instant store according to the Defendant’s rescission of the instant transfer agreement. On December 28, 2017, premium 200 million won is again between the Defendant and the Defendant.