1. The plaintiff's claim is dismissed.

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

1. The following facts may be found either in dispute between the parties or in Gap evidence No. 1 by integrating the purport of the entire pleadings:

Around May 30, 2012, the Defendant leased a unit of 152.98 square meters (hereinafter “instant real estate”) among the 4-story buildings of Ansan-si, Nowon-gu, and two other persons (hereinafter “the instant real estate”), and operated a mobile phone agent from that time.

B. On April 2, 2014, the Plaintiff entered into a contract with the Defendant for transfer and takeover of the right to receive real estate, facilities and goodwill of this case (hereinafter “instant contract”) by paying KRW 450,000,000 for the premium to the Defendant, upon introduction of F, a broker, who was seeking to operate a mobile phone agency with E along with E (hereinafter “instant contract”).

When concluding a contract on a down payment of KRW 5,000,000 among the premium, the intermediate payment of KRW 200,000,000 was paid in April 30, 2014, and the remainder of KRW 195,00,000 was paid in May 30, 2014.

C. The main contents of the instant contract are as follows.

Article 4 (Cancellation of Contract) (1) Before the Plaintiff pays the intermediate payment, the Defendant shall compensate for the amount double the down payment, and the Plaintiff may waive the down payment and rescind this contract.

(3) Before the remainder payment date, the Defendant shall endeavor to make the owner and the Plaintiff enter into a lease agreement with the following terms and conditions of the lease contract (on the basis of the owner’s request from May 30, 2012 to July 15, 2014, the period of KRW 10,000,000, monthly rent of KRW 10,000, and the period of KRW 10,000,000.). In the event that the lease agreement has not been concluded or is not executed normally, the instant right acquisition agreement is rescinded, and the down payment and intermediate payment received by the Defendant shall be immediately refunded to the Plaintiff.

(Omission) The defendant and the plaintiff shall refund the down payment without any condition when this contract cannot be concluded.

(Omission) Monthly taxes may be raised at the time of this contract.

(Omission)

D. At the time of entering into the instant contract, the Plaintiff paid 55,000,000 won to the Defendant.

2. The parties' arguments.