원상회복등
1. The plaintiff's claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On August 201, the Defendant received and operated the premium by paying KRW 100 million in consideration of the number of apartment units, location, business district, sales, etc., rather than including the lease deposit, the Defendant did not include the building C in Suwon-si, Suwon-si, and the DNA Art located in 101 (hereinafter in this case).
The defendant tried to transfer the business of the instant marina to the corporation of GS convenience store with the premium of 120 million won, opposing that the lessor cannot enter into a contract with the corporation of GS convenience store.
The defendant presented the condition that "2 million won monthly rent of 60 million won for rental deposit, 100 million won for rental deposit, 30 million won for goods, 2 million won for daily sales, and 140-1.5 million won for a non-payment period" when the defendant takes over the business of the instant marina.
The defendant's mid-term private individual F contacted G with the broker who requested the plaintiff to take over the business of Mart.
The plaintiff's licensed real estate agent G, while mediating the business of the instant marina, transferred the terms and conditions to the plaintiff from the defendant's broker F to the plaintiff, and the daily turnover of the instant marina is 2 million won. The sales of the instant marina from 1.7 million won to 1.8 million won was generated, and reported the market investigation and gave advice to the plaintiff to investigate the customer body or the commercial zone.
In light of the above circumstances, the Plaintiff and the Plaintiff’s broker G, the Defendant, and the Defendant’s broker F agreed to reduce premium for the instant marina business from KRW 100 million presented by the Defendant and KRW 90 million, and entered into a real estate right transfer agreement as follows.
(B) there was no request from the plaintiff or G to the defendant or F for sales data.
On May 4, 2015, the Defendant agreed to transfer the instant marina business to the Plaintiff KRW 90,000,000 for premium, and received KRW 9,00,000 per contract deposit, and paid KRW 81,00,000 for the remainder on May 27, 2015.