beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. By December 201, 201, E has operated a real estate brokerage office under the trade name, “J Licensed Real Estate Agent”, along with I, from the first floor No. 106 (hereinafter “instant store”) of the first floor of the plan for the subdivision of the H building on the land outside G and three lots owned jointly with F, the husband, from the end of Kimpo-si, Kimpo-si, the end of December 201.
B. On December 29, 2011, E and the Defendant leased the instant store by setting the deposit amount of KRW 30 million, monthly rent of KRW 800,000,000 for the instant store, and the period from January 25, 2012 to January 24, 2014. However, the instant store’s use is restricted to the Defendant’s use of real estate as real estate brokerage, and the facilities and equipment installed in the instant store and the equipment installed in the instant store to the Defendant, and the real estate brokers engaged in the instant real estate brokerage in the K organization Kimpo-siD and the C Group adjacent to the instant store are organizations created to share information necessary for real estate brokerage with each other and conduct business activities, such as joint brokerage based on such information.
The lease contract was concluded with the content that the facilities related to the real estate brokerage business, such as membership, should be transferred as it is (hereinafter “instant lease contract”).
C. According to the above lease agreement, the Defendant paid E a deposit of KRW 30 million and premium of KRW 15 million. From January 25, 2012, the Defendant conducted real estate brokerage business under the trade name of “J Licensed Real Estate Agent” using facilities, etc. related to the real estate brokerage business transferred from E and I at the instant store from January 25, 2012.
Since then, the Defendant agreed to increase the monthly rent of KRW 1 million between E and the instant lease agreement and to extend the lease term by January 24, 2015.
E. Upon the expiration of the period of validity on January 24, 2015, the Defendant received from E a deposit of KRW 30 million and premium of KRW 15 million, and the Defendant was originally transferred to E and I, such as the instant store, the facilities and equipment installed therein, and the membership of K organization.