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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. From March 2013, the Defendant entered into a lease agreement with C to lease one of the three-story buildings owned by C (hereinafter “instant store”) on a deposit basis, monthly rent of KRW 30 million, 1100,000, and two-year lease period between C and C, and operated the said store with the trade name “E” from around that time.
B. On February 20, 2014, the Plaintiff: (a) visited the said store on February 20, 2014, and opened the instant store via Licensed Real Estate Agent F; (b) divided the talks about the transfer of the right of lease between the Defendant and the Defendant on February 25, 2014; and (c) remitted KRW 3 million to the account in the name of C on the same day at F’s request.
C. On March 19, 2014, the Defendant received KRW 5 million as premium for the instant store from a third party. On March 26, 2014, the Plaintiff filed the instant lawsuit seeking payment of KRW 6 million, which is an amount equal to KRW 3 million paid by the Plaintiff jointly with the Defendant and C, on March 26, 2014.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 4-1, the purport of the whole pleadings
2. Determination as to the cause of claim
A. On February 25, 2014, the Plaintiff asserted that: (a) concluded a lease transfer contract with the Defendant on the said store; and (b) paid KRW 3 million to C, a lessor, as a down payment; (c) the Defendant is obligated to obtain consent on the said transfer under the said transfer contract, but not only rejected C; (d) the Defendant made a double transfer of the right to lease of the said store to a third party on March 19, 2014 and made a statement of his/her intention to refuse performance by transferring the right to lease of the said store to a third party on a premium of KRW 5 million; and (e) the Plaintiff expressed his/her intention to cancel the said lease transfer contract against the Defendant on the same day, the Defendant calculated KRW 3 million (the remainder after subtracting three million, as cited in the first instance trial against C).