1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. In full view of the following facts, comprehensively taking into account Gap evidence No. 1, Gap evidence No. 2-1, Eul evidence No. 1, Eul evidence No. 1, and Eul evidence No. 1, the purport of the whole pleadings (the existence of no dispute, including facts with this court) is recognized:

The Plaintiff leased Gangdong-gu Seoul Metropolitan Government Da and 302 (hereinafter “instant store”) KRW 30,00,000, monthly rent of KRW 2,50,000, management fee of KRW 180,000, lease period of KRW 180,000, and from August 25, 2012 to August 25, 2015, and operated D’s coffee shop (hereinafter “instant car page”) at the instant store.

On August 25, 2015, the Plaintiff: (a) entered into a contract to transfer 65,000,000 won premium including the instant car page to E; (b) received 5,000,000 won as down payment from E; and (c) had E operate the instant car page prior to receiving the remainder; (d) on September 30, 2015, E renounced the down payment and rescinded the contract.

After October 28, 2015, the Defendant leased the store of this case in KRW 20,000,000, monthly rent of KRW 2300,000, and thereafter, the Defendant operated the instant car page using the facilities installed by the Plaintiff from around that time.

On the other hand, on November 27, 2015, the Plaintiff filed a lawsuit against E seeking KRW 60,000,000, which is the remainder of the premium, on the grounds that the termination of the contract is unlawful, but the judgment against the Plaintiff was rendered (Seoul Eastern District Court Decision 2015Da132967, Sept. 22, 2016), and thereafter the Plaintiff’s appeal was dismissed and the judgment became final and conclusive.

2. The assertion and judgment

A. The Plaintiff’s primary assertion (1) The Defendant, without paying any consideration to the Plaintiff, operates the instant car page, holding the Plaintiff as the owner of the instant car page.

On the other hand, premium amounting to KRW 65,00,00, including the instant car page facilities, is equivalent to KRW 65,000.

In addition, upon the defendant's request, the plaintiff purchased 3,408,150 won or more in lieu of the materials and the test of this case.

Therefore, the defendant.