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1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. While the Plaintiff was aware of the store that operated a main store on April 9, 2014 through the Defendants’ brokerage, the Plaintiff entered into a contract for the transfer and acquisition of the right to lease with the effect that the Plaintiff shall take over the lease relationship with D and pay D KRW 20 million for each shop in the status of facilities currently installed by D and to pay D KRW 32.36 square meters for each shop in Seoul, Yongsan-gu, Seoul, and Seoul, Seoul, and KRW 35.17 square meters for each shop in the same C-16 shop in the same manner (hereinafter referred to as “each of the instant stores”) (hereinafter referred to as “each of the instant stores”).
(hereinafter “instant transfer/acquisition agreement”). (b)
Defendant B is a licensed real estate agent, and Defendant C was working at Defendant B’s Licensed Real Estate Agent Office. However, on April 15, 2014, the Plaintiff deposited KRW 60 million in total as well as KRW 40 million in total, and KRW 100 million in total, pursuant to the instant transfer/acquisition agreement, as Defendant C’s deposit account (Korean bank) that actually performs brokerage business.
C. However, D agreed on April 18, 2014 and April 30, 2014 to succeed to the lease relationship with the Plaintiff in the instant transfer/acquisition agreement, but failed to comply with the terms due to the lessor’s refusal. Accordingly, the Plaintiff refunded KRW 60 million, which is the part of the lease deposit, from Defendant C, from Defendant C, and entered into the “written performance” and “the same contract” as of April 30, 2014, in relation to the remainder of the premium amount of KRW 40 million.
The above letter of performance (No. 4) was that D did not succeed to the lease relationship of each of the instant stores, and D did not return the premium of KRW 40 million to the Plaintiff, but D did not return the money. As such, C-11 stores of each of the instant stores were operated by the Plaintiff directly from May 1, 2014 to the Plaintiff, and D shall revert profits and expenses to the Plaintiff until June 30, 2014.