1. The plaintiff's respective claims against the defendants are dismissed.

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

1. Basic facts

A. On October 7, 2014, the Plaintiff, among the buildings located on the land (hereinafter “instant building”) in Busan Dongdong-gu, Busan (hereinafter “instant building”), set a deposit of KRW 20,000,000, monthly rent of KRW 600,000, and the lease period of KRW 600,000, and from November 1, 2014 to November 1, 2016 (hereinafter “the instant lease agreement”). The Plaintiff, at the instant store, leased the rights and facilities of general restaurants in which Defendant B was operating, as a premium of KRW 14,00,000,000 (hereinafter “the instant premium”). The Plaintiff acquired them from Defendant B.

(hereinafter “this case’s acquisition or transfer contract”). On the other hand, Defendant D, a licensed real estate agent at the time of the instant lease contract and the acquisition or transfer contract, mediated the above contracts.

B. On March 10, 2017, Defendant B sold the instant building to the F Area Housing Association (hereinafter “instant Housing Association”), and the said Association completed the registration of ownership transfer on the said building on April 26, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, Eul evidence 1, Eul evidence 1, Eul evidence 1, the purport of the whole pleadings

2. Determination

A. (1) At the time of concluding the lease contract, acquisition or transfer contract of this case, Defendant B, which caused the claim for the payment of KRW 14,000,000,000 against Defendant B, said that the Plaintiff could operate the business at the store of this case for the next five years. The Plaintiff believed it and paid the premium of this case to the Plaintiff and became the transferee of the rights, facilities, etc.

Thus, Defendant B, who agreed to continue to maintain a lease relationship for five years with respect to the instant store and to use the value thereof, sold the instant building to the instant housing association prior to the above period. As such, the instant premium should be returned to the Plaintiff. Even if the nature of the instant premium is the cost of taking over the facility cost goods, not the premium, under the pretext of taking over the facility cost, Defendant B and C, Defendant B and C, a medium television, respectively.