1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 2014, the Defendant, as the owner of the D Apartment E apartment (hereinafter “instant apartment”), was operating F Child Care Center (hereinafter “instant childcare center”) in the instant apartment by November 2014 after obtaining authorization from the Gunpo-si mayor around 2010.

B. On November 19, 2014, the Defendant concluded a lease agreement and a contract for acquisition of rights and facilities (hereinafter collectively referred to as “the first lease agreement”) with the following contents while transferring the instant apartment to the Plaintiff the entirety of the operation rights and facilities of the instant childcare center and leasing the instant apartment.

Under the initial lease agreement of this case, the Plaintiff paid KRW 30 million to the Defendant the lease deposit amount of KRW 40 million and the premium of KRW 40 million.

The transferor and the transferee shall agree on the rights of this real estate in the contract for the transfer and acquisition of rights (facilities) and enter into a contract for the transfer and acquisition of rights of real estate as follows:

1. Indication of real estate - Location: Apartment of this case - Trade name: F child care centers - Occupational categories: Child care centers;

2. The transferor and transferee of rights to the above real estate under Article 1 (Purpose) of the terms and conditions of the contract shall enter into a contract for acquisition of rights as follows by agreement:

- Total premium amount of KRW 40 million (40,000,000) - The down payment of KRW 1,000,000 shall be paid and received at the time of the contract. The recipient (person without charge) - The recipient of the intermediate payment amount of KRW 1,000,000 shall be paid on December 22, 2014, and the remainder of KRW 2,000 shall be paid on December 29, 2014.

- Scope of transfer (such as a facility, etc.): The transferor shall deliver the above real estate to the transferee by the day before the commencement of the lease agreement, in such a condition that it is possible to exercise the right to the real estate, and the transferor shall remove all matters impeding the exercise of the right of lease and deliver all facilities and goodwill to the transferee, including all facilities and goodwill, so that the transferee can carry on the business immediately upon the receipt of any balance.

(b).