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1. The plaintiff
A. Defendant B: (a) KRW 100,000,000 and for this, KRW 5% per annum from August 17, 2012 to May 18, 2015; and (b)
Reasons
1. Basic facts
A. The Plaintiff is the lessee of the “Felel” located in Yangsan City E (hereinafter “the instant franchise”). Defendant C is the owner on the registry of the instant franchise, and Defendant C, as Defendant C’s agent, drafted a contract under the following terms and conditions as to the instant franchise agreement with the Plaintiff, with the qualification of Defendant C’s agent.
B. On August 17, 2012, the Plaintiff and Defendant B entered into a lease agreement (hereinafter “instant lease agreement”) with the broker of Defendant D, a licensed real estate agent, setting the lease deposit amount of KRW 350,000,000, and the lease term of KRW 4,500,000 from September 25, 2012 to September 25, 2014. On that day, the Plaintiff paid KRW 150,000,00 to Defendant B as the down payment.
C. However, Defendant B did not deliver the instant telecom to the Plaintiff, and expressed his intent to return the down payment to the Plaintiff, and returned KRW 50,000,000 to the Plaintiff.
Meanwhile, a provisional registration of the right to claim ownership transfer in the name of G was completed on April 27, 2012 on the grounds of the trade reservation on April 26, 2012, and G had operated the instant franchise since May 2012.
[Reasons for Recognition] Facts without dispute, Gap evidence 1-2, Eul evidence 2, Eul evidence 2, 3 and 4 (including additional number)
2. The assertion and judgment
A. Defendant B completed a provisional registration against G with respect to the instant maternity, and the establishment of H’s right to collateral security (the maximum debt amount) was established. Even if the instant lease is concluded with the Plaintiff, Defendant B, despite having no intent or ability to transfer the above provisional registration and the right to operate the instant telecom, by deceiving the Plaintiff without any intention or ability to transfer the Plaintiff’s right to operate the telecom.
Even if it is not a tort liability, Defendant B shall be the Plaintiff on November 15, 2012 and December 10, 2012.