[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 3, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s primary ground for claim 1: The Defendants who return deposit money under the agreement under the premise of the Defendants’ partnership relationship are jointly operating the entertainment tavern (hereinafter “instant entertainment tavern”) with E located in Gwangju Mine-gu D and the second floor (hereinafter “instant building”).

On February 25, 2019, the Plaintiff acquired the instant entertainment tavern from the Defendants in KRW 212,50,000 for premiums. However, if the Plaintiff entered into a lease agreement with the same content as the current lease agreement with the owner of the instant building, the Plaintiff entered into a transfer agreement with respect to the instant entertainment tavern.

Accordingly, the Plaintiff paid the Defendants KRW 53,200,00 as deposit money, as stated in the basic facts.

However, the Plaintiff did not enter into a lease agreement with the same content as the present lease agreement from the owner of the instant building.

Therefore, the Plaintiff and the Defendants were unable to enter into a contract for transfer and acquisition of the instant entertainment tavern, and the Defendants are obligated to return the deposit money.

B. Even if the Plaintiff and the Defendants entered into a contract for transfer and takeover of the instant entertainment tavern, the Defendants were responsible for entering into a lease agreement with the same content as the present lease agreement from the owner of the instant building. Since the Plaintiff failed to enter into a lease agreement with the same content as the present lease agreement, the Plaintiff’s owner of the instant building, thereby relating to the instant entertainment tavern.