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1. The defendant shall deliver the first floor D of the C building from the plaintiff in Sungsung City at the same time and at the same time, KRW 200,000,000 to the plaintiff.
Reasons
1. Basic facts
A. On March 2017, Nonparty E (hereinafter “Nonindicted Company”) newly constructed the instant building C (hereinafter “instant building”) around 2017, and completed registration of initial ownership on March 22, 2017, with respect to the first floor D of the instant building (hereinafter “instant store”).
B. In order to operate a pharmacy on May 2, 2017, the Plaintiff, a pharmacist, leased the instant store from the non-party company with the deposit of KRW 200 million, monthly rent of KRW 6 million, lease period from June 30, 2017 to June 29, 202 (hereinafter “first lease contract”); from July 16, 2017, the Plaintiff began to operate the instant store with the trade name “F” at the instant store. (C) The Defendant purchased the instant store from the non-party company 1,50,00 won from the non-party company on June 16, 2017, and completed the registration of ownership transfer on September 15, 2017 due to the purchase and sale of the instant store on the grounds of the lease agreement, the Plaintiff concluded the lease agreement with the Defendant 1 to 3, respectively, without the grounds for dispute as to each of the following subparagraphs 1 through 3, 2017.
2. The parties' assertion
A. At the time of the conclusion of the first lease agreement that causes the Plaintiff, Nonparty G and Nonparty Company agreed to the Plaintiff that “G is going to open the instant building 2 and 3 from Nonparty Company to August 2017 at the latest by leasing the building 2 and 3, and to ensure that the Plaintiff is able to exclusively operate a pharmacy in the instant building, and that the Plaintiff is able to exclusively operate the pharmacy from the instant building.” Accordingly, Nonparty G and Nonparty Company agreed to set the deposit for a high amount exceeding 3 times the surrounding market price.
The Defendant also known the aforementioned circumstances and succeeded to the lessor’s status by purchasing the instant store with a purchase price exceeding 2 times the other store.
Nevertheless, the building of this case should be around November 2017.