1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. C, under the name of the Defendant on July 6, 2016, agreed to gradually increase the lease deposit and monthly rent of the first and third-story buildings located in Gangnam-gu Seoul (hereinafter “instant building”) from the Defendant on the following occasions: (a) KRW 100,000,000,000, monthly rent of 28,000,000,000 won; (b) the said lease deposit and monthly rent;

The term of October 5, 2021 was set up and leased to operate an entertainment tavern (hereinafter “instant main shop”) with the trade name “F” (Ground 1st, ground 2nd floor) and “G” (Ground 2 and 3rd floor) at this place.

B. On August 1, 2018, the Plaintiff entered into a contract for transfer and takeover of rights (hereinafter “instant transfer and takeover contract”) with the purport to acquire business rights, including the name of permission for the instant main store, from C, in the amount of KRW 370 million (including KRW 100 million as lease deposit), and agreed to pay the down payment of KRW 40 million on the date of the contract, and the remainder of KRW 330 million on the date of the contract, respectively, to be paid on August 23, 2018.

C. C had been in arrears with the Defendant for a considerable period of time during the operation of the instant main point.

On August 24, 2018, the Plaintiff paid 100 million won out of the balance of the transfer agreement of this case to C (hereinafter “the instant money”) to the Defendant’s agent H.

E. However, as the change in the name of the business license for the instant main points was difficult, the Plaintiff notified C of the cancellation of the instant transfer contract around September 3, 2018.

F. After that, C requested the Defendant to return the instant money on September 16, 2018, the Defendant paid the said money to C.

[Reasons for Recognition] Facts without dispute, Gap evidence 2, Eul evidence 3, 4, 6, 8 through 10, and the purport of the whole pleadings

2. The party's assertion and judgment

A. After concluding the instant transfer contract with C with the gist of the Plaintiff’s assertion, it was anticipated that it would be difficult to change the title of permission for the instant main store business.