권리금 반환 청구
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Defendant owned a shopping mall D of the building C (hereinafter “instant shopping mall”), and the Defendant’s son E operated the said shopping mall with the trade name “F”.
B. On November 20, 2012, G concluded a lease contract with the Defendant for the instant commercial building by setting the lease deposit of KRW 10 million, monthly rent of KRW 500,000,000 from December 1, 2012 to November 30, 2014 (hereinafter “instant lease contract”). Around that time, G and E paid KRW 50,000,000 as the premium for business acquisition.
C. G completed business registration after receiving the instant commercial building from the Plaintiff, and operated Kink's store with the trade name of "F" as in the existing case.
G operated K in the instant commercial building without separate procedures, such as renewal of the contract, even after November 30, 2014, on the date on which the term of lease prescribed at the time of the conclusion of the instant lease agreement expires.
E. G died on October 10, 2016, and the Plaintiff succeeded to 1/2 of G’s property as the mother of G.
[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 6 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. Summary of the parties' arguments;
A. Plaintiff G was unable to operate Kin's shops due to health problems, and agreed to receive KRW 50 million for the premium and transfer his business to H, and then notified the Defendant of such fact on June 2016, and the Defendant refused to enter into a lease agreement with H., and the Defendant’s son refused to enter into a lease agreement with H, and the Defendant’s son stated that “F is low in business and has no value of KRW 50 million for the premium. It is difficult to continue to continue to lease a store even if a contract with the owner of the vessel was entered into with the owner of the vessel,” and H waived waived its business acquisition.
Since then, G is worse while being colored by another transferee.