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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
The first instance court.
Reasons
1. The following facts are acknowledged as having no dispute between the parties, or as having taken account of the overall purport of the pleadings as a whole in each entry in Gap evidence 1 to 10 (if any, including the number; hereinafter the same shall apply) and Eul evidence 1 to 6:
A. In order to operate the D shop, a par value food store, the Plaintiff entered into a lease agreement with Defendant B as follows, as to the stores Nos. 154, 162, and 163 located on the 1st floor in Suwon-gu, Suwon-gu, Suwon-gu I (hereinafter “instant commercial building”) (hereinafter “each of the instant stores”) (hereinafter “instant stores”).
1) On February 7, 2011, the Plaintiff acquiring business facilities or rights from the existing lessee: (a) between Q Q, the existing lessee K, and the existing lessee referred to in 162 of the shopping mall 154 of the instant shopping mall on February 7, 201; and (b) between the existing lessee K, and the existing lessee referred to in 163 of the instant shopping mall (hereinafter collectively referred to as “instant contract for the transfer of rights”).
A) The instant contract was concluded. Each existing lessee agreed to transfer the rights and facilities of the store to the Plaintiff by February 28, 2011, and to return the premium paid to the owner of the building and the lease contract. Meanwhile, on February 9, 2011, the Plaintiff paid the premium of KRW 50 million to Defendant B and C for the premium of KRW 154; KRW 90 million for the above subparagraph 162; KRW 80 million for the above subparagraph 163; and KRW 80 million for the above subparagraph 163, the Plaintiff received a receipt in the name of the existing lessee; the said Defendants paid KRW 30 million to Q, KRW 80 million, KRW 60 million, and KRW 251 million for the remainder between KRW 15 million and KRW 250 million on the date of conclusion of the relevant lease agreement, respectively.