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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On December 20, 201, the Plaintiff entered into a lease agreement with the Defendant’s mother C, and with respect to the first floor store and housing of 142.71 square meters (hereinafter “instant store”) of the 4th floor building in Jung-gu Seoul Special Metropolitan City, Jung-gu, as to the Plaintiff’s 142.74 square meters (hereinafter “instant store”), the lessor entered into the lease agreement with the Defendant, the lease deposit amount of KRW 30,000,000, the rent of KRW 2,185,000, the rent of KRW 2,185,000, and the lease period of the lease from December 20, 201 to December 9, 2013, and operated the restaurant with the Plaintiff’s trade name “E” at the instant store.
B. On February 2, 2012, the Plaintiff entered into a contract with H to transfer all the facility and business rights of the restaurant, including the succession of the right of lease to the store of this case (i.e., KRW 30,000,000 + KRW 100,000 of lease deposit + KRW 30,000,000 of lease deposit + KRW 3,000,000 of goods price (hereinafter “instant contract”).
C. While the lessor did not enter into a new lease agreement with the Defendant, H first received the instant store and reported its business operation and sought to operate the restaurant. The F obtained the lessor’s consent, and the lessor drafted and delivered the lease agreement as of March 5, 2012, which took place from March 5, 2012, with the period of lease as follows: (a) the lessor, the lessee, the lessee, the lessee, the amount of deposit KRW 30,000,000; (b) the monthly rent was KRW 1,60,000; and (c) the period of lease was 36 months from March 5, 2012.
H reported the business to the head of the Seoul Metropolitan Government on March 5, 2012, along with the above lease agreement, and during that process, he became aware that the actual area of the instant store was only 142.71m2 or the area reported as the food service business establishment was less than 66.1m2.
With respect to the instant store, the Plaintiff was succeeded to the status as the “E” of the Plaintiff through a change of trade name after first reporting general restaurant business on December 9, 2003 with the area of 66.1m2 above 66.1m2.