1. Of the judgment of the court of first instance, the part against the Defendants shall be revoked, and the Plaintiff’s revocation part shall be the Defendants.

Basic Facts

A. On January 14, 2012, the Plaintiff and the Defendants concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendants to lease the D Building E (hereinafter “instant shopping district”) KRW 100 million, monthly rent of KRW 500,000 (from April 11, 2015 to KRW 6.5 million), and from April 15, 2012 to April 14, 2017, the term of lease was determined and leased (hereinafter “instant lease agreement”).

B. The Plaintiff paid KRW 100 million to the Defendants pursuant to the instant lease agreement, and received delivery of the instant commercial building from the Defendants around April 15, 2012.

Since that time, the instant commercial building was established and operated under the trade name of “F Pharmacy.”

C. On December 30, 2016, the Defendants notified the Plaintiff that they did not wish to renew the instant lease agreement. D.

On April 6, 2017, the Plaintiff transferred all business facilities and goodwill of G and the instant shopping district to KRW 600 million. However, in the event that the monthly rent of the instant shopping district exceeds KRW 10 million, the Plaintiff entered into a “contract for the transfer of facilities and business rights” to reduce the premium to KRW 500 million, and requested the Defendants to enter into a new lease agreement with G around April 7, 2017.

However, the Defendants did not enter into a new lease agreement with G even after the termination of the instant lease agreement, and thereafter leased the instant commercial building to a third party.

E. Accordingly, the contract for the transfer of the above facilities and business rights concluded by G with the Plaintiff was rescinded, and the Plaintiff was not entitled to receive the premium from G.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4 through 8, Gap evidence 9-2, Eul evidence 1 and the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion is that the Plaintiff entered into a contract for the transfer of GJ facilities and business rights that the Plaintiff wishes to become a new lessee of the instant commercial building and the instant lease agreement.