1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. The Defendant operated a licensed real estate agent office (hereinafter “instant licensed real estate agent office”) in the name of “D real estate” at the store located in Gwangjin-gu Seoul Special Metropolitan City.

B. On October 7, 2015, the Plaintiff and the Defendant concluded a premium contract with the effect that “the Plaintiff purchases from the Defendant the facilities and goodwill, etc. of the instant licensed real estate agent office from the Defendant for KRW 36.5 million (hereinafter “the instant premium contract”), and the Plaintiff paid the Defendant the down payment of KRW 4 million on the same day.

C. On October 8, 2015, the Plaintiff and the lessor E of the said store concluded a lease agreement with the following terms: “A lease agreement was concluded between October 23, 2015 and October 23, 2017: (a) the deposit amount of KRW 20 million; (b) the monthly rent of KRW 1 million; and (c) the lease period of the said store.”

On October 23, 2015, the Plaintiff paid to the Defendant the remainder of KRW 32.5 million as stipulated in the premium agreement of this case, and acquired the instant licensed real estate agent’s office.

E. Meanwhile, since July 13, 2011, the building in which the instant licensed real estate agent office has been located was entered in the building ledger as an unlawful building due to the illegal alteration of the rooftop part.

For this reason, the competent authority did not accept the registration of establishment of the Plaintiff’s office of the instant licensed real estate agent, and the Plaintiff was able to operate the licensed real estate agent office only after the registration of establishment of the licensed real estate agent office on December 8, 2015, which was after the removal of unlawful alteration of use.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 4, Gap evidence 2, 4, 5, Gap evidence 6-1, 2, and Gap evidence 7, and the purport of the whole pleadings

2. The assertion and judgment

A. The Defendant’s liability for damages 1 is a contract that takes over or acquires tangible property values, such as business facilities and fixtures of a licensed real estate agent’s office, and intangible property values such as customers, credit, business know-how, and business advantages depending on the location of the store.

However, the above recognition is recognized.