1. The plaintiff's claim is dismissed.

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

Basic Facts

A. On December 10, 2014, the Plaintiff entered into a contract with the Defendant for the transfer and acquisition of the right (hereinafter “instant underwriting contract”) with the content that the Defendant would acquire the facility and operating rights of the Gluri C store (hereinafter “instant store”) operated by the Defendant in KRW 295,00,000.

권리(시설) 양도ㆍ양수 계약서 ◈ 부동산의 표시 소재지 대전시 유성구 D 상 호 롯데리아 대전 C점 면적 104.65㎡(31.6평) 업 종 음숙 / 패스트푸드 사업자 등록번호 E ◈ 계약내용 총권리금 金 이억구천오백만원정(\295,000,000원) 계약금 金 삼천만원(\30,000,000원) 계약시 지불하고 영수함 중도금 金 일억칠천만원(\170,000,000원) 2014년 12월 31일에 지불하며, 잔 금 金 구천오백만원(\95,000,000원) 2015년 1월 31에 지불한다.

The scope of transfer (facilities, etc.) all of the rights to indicate the above real estate (facilities, etc.) / [Purpose] Article 2 / [Transfer] The transferor shall deliver all the facilities and goodwill so that the transferee can immediately operate the above real estate at the same time as the transferee can exercise his/her rights.

However, the balance shall be paid to the transferee's account (one bank FB) immediately after the transferee's loan of start-up funds (the branch office of one bank) is executed, and the balance shall cooperate with the transferee's loan of start-up funds in lieu of a notarized loan certificate until the balance is received.

Article 3 [Reversion of Profits and Taxes] Reversion of profits generated on the above real estate, taxes, public charges, inventory goods charges, franchise expenses of the head office, accident insurance, etc. shall be imposed on the transferor until before the date of delivery of the above real estate, and the subsequent charges shall be reverted to the transferee, respectively.

◈ 특약사항

1. The delivery date of real estate shall be January 1, 2015;

2. Where expenses, such as replacement and repair of facilities and machinery equipment, are incurred, the transferor shall be liable until December 31, 2014.