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1. Defendant B’s delivery of real estate stated in the separate sheet from the Plaintiff at the same time from KRW 80,000,000 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On September 17, 2012, D entered into a contract with E to purchase business rights on real estate listed in the attached list owned by Defendant B (hereinafter “instant store”). On September 18, 2012, D entered into a lease contract with Defendant B by setting the lease deposit of KRW 80,000,000, monthly rent of KRW 4,000,000, and from November 15, 2012 to November 15, 2014, and the said lease was renewed thereafter.
D In the instant store, Kafac was installed in violation of the Building Act while operating the Kafac, and on June 19, 2014, and February 12, 2015, the Mafac-si head issued a corrective order to the Defendant B on February 12, 2015, and notified the Defendant B that the enforcement fine of KRW 3,471,100 is imposed in the event that the corrective order is not issued.
B. D requested Defendant C, a licensed real estate agent, to mediate the instant store’s premium amounting to KRW 75,000,000, and later lowered the premium amount to KRW 30,000,000.
In order to operate a car page, the Plaintiff visited the office operated by Defendant C to become aware of the instant store.
C. On May 1, 2015, the Plaintiff entered into a lease agreement with Defendant B on the condition that the instant store is leased KRW 80,000,000, monthly rent KRW 4,000,000, and the term of lease from June 15, 2015 to June 15, 2017 (hereinafter “instant lease agreement”). The Plaintiff entered into a contract with D to purchase the instant store’s goodwill amounting to KRW 18,00,00,000, and Defendant C mediated the instant lease agreement and the instant business license transfer and takeover agreement.
In the instant lease agreement, the term "existing illegal part (including penalty)" was stipulated as a special agreement that "a lessee shall be liable for it."
The Plaintiff and D shall accept the portion of the illegal part of the Plaintiff’s store, and the amount of KRW 12,000,000 corresponding to the amount of KRW 500,000 per month among the rent for the store of this case shall be D.