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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On January 12, 2015, D Co., Ltd. (hereinafter “D”) is a buyer or sectional owner who purchased a building F of the member-gu Seoul Metropolitan Government Building F (hereinafter “instant building”) from the E Co., Ltd. (hereinafter “E”) in Ansan-si (hereinafter “instant building”). The Plaintiff is a person who leased the instant first shop from D and engages in convenience store and tobacco sales business at the same time.
Defendant B, on May 14, 2015, purchased the instant building 122 from E (the building indicated in the attached list; hereinafter referred to as “second shop of this case”) from E, is a buyer and a sectional owner. Defendant C leased the instant second shop from Defendant B to engage in convenience stores and tobacco sales business at the same time.
On May 14, 2015, Defendant B entered into a sales contract for the instant No. 2 store with G as a broker of G, a licensed real estate agent, and completed the following confirmations from G and E (hereinafter “instant confirmation”).
【Certificate of this case】
1. It shall be ensured that convenience stores shall not be occupied in addition to the second shop in this case, which is the desired head of the contract with the 1st shop in this case.
2. The defendant B shall pay any balance if it is deemed that there is no error in the operation of the convenience store after the payment of down payment.
3.At the time of occurrence of a situation that prevents the performance of paragraphs 1 and 2 above, the mutual contract shall be terminated and E shall promptly return the down payment (within seven days).
4.The sales broker G shall be jointly and severally responsible with E to enable the sales broker G to confirm and implement the above-mentioned content.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3 (if available, including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. On January 12, 2015, the gist of the Plaintiff’s assertion D was designated as a type of business so that convenience stores and tobacco sales business can be operated as a monopoly and was sold in lots.
After that, Defendant B shall be entitled to May 14, 2015.