A. D Purchasing the instant land building (hereinafter “instant real estate”) on October 8, 2012, Seoul Special Metropolitan City, Nowon-gu, and completed the registration of ownership transfer on November 5, 2012.

D around October 19, 2012, F delegated F with the authority to manage and lease the instant real estate, and, together with the intent of the delegation, made and made a letter of delegation stating “a contract deposit, balance, or rent, shall be transferred to the owner D account.”

B. On November 12, 2012, the Plaintiff entered into a contract with the Defendant claiming that the instant real estate was leased at KRW 30,000,000 per month of rent, and KRW 1,500,000 per month, and entered into a contract to transfer and acquire the instant real estate business right at KRW 50,000 per premium (hereinafter “first transfer contract”).

At the time of the first transfer contract, the Plaintiff and the Defendant agreed that “the transferor (Defendant) shall be the cycle of water construction and the cost of installing toilets shall be paid KRW 1,00,000 by the transferor (Defendant) at the time of the first transfer contract.”

The Defendant received KRW 5,00,000 as the premium, which is a price for the transfer of business rights to the instant real estate, for the instant real estate, KRW 5,000 as the down payment on November 12, 2012, KRW 25,000 as the intermediate payment on November 20, 2012, and KRW 20,000 as the remainder on December 20, 2012.

C. On November 12, 2012, the Plaintiff concluded a lease agreement between D’s agent F and the instant real estate’s agent F with a deposit of KRW 30,000,000, monthly rent of KRW 1,500,000, and the lease term of KRW 20,000 from December 20, 2012 to December 19, 2013 (hereinafter “first lease agreement”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, Eul evidence Nos. 1, 2, 3, 7, and 10, witness D's testimony and the purport of the whole pleadings

2. Judgment on the main claim

A. The summary of the plaintiff's assertion 1 is that the defendant, although he did not conclude a lease agreement with D on the real estate of this case, he belongs to himself as a lessee, and this part of the contract was concluded with the plaintiff, and 50,000 as premium from the plaintiff.