1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On November 3, 2001, the Plaintiff entered into a contract on the sales of bus tickets with the Ulsan Metropolitan City bus joint transport service council, and concluded a contract on April 5, 201 with the Defendant to transfer all of the physical facilities and business rights of the instant sales store to the Defendant at KRW 43,000,000 (hereinafter “instant transfer contract”), while running the bus ticket sales business at the bus ticket sales shop located in front of Ulsan-gu Seoul Metropolitan Government (hereinafter “instant sales shop”). The Defendant completed the payment of the said transfer price to the Plaintiff.

B. However, at the time of concluding the instant transfer contract between the Plaintiff and the Defendant, the Plaintiff was unable to obtain permission to occupy and use the instant sales site from the office of the competent authority, and the Ulsan Metropolitan City bus joint transportation council refused to enter into the sales contract with the Defendant for the bus bus tickets.

C. The Defendant filed a lawsuit against the Plaintiff with the Ulsan District Court 2013Gadan9801, and concluded the instant transfer contract based on the Plaintiff’s deception or the Defendant’s mistake, and the Plaintiff was not authorized to transfer the instant sales store as an unqualified authority, and thus, the Defendant asserted that the transfer contract of this case was revoked or revoked, and the Defendant sought refund of KRW 43,000,000 and payment of KRW 5,00,000,000.

On May 30, 2014, the above court recognized the cancellation of the transfer contract of this case by the Defendant’s declaration that there was an error in the fact that the Defendant did not permit the occupation and use of the instant retail shop on the part of the juristic act, and calculated at the rate of 24,867,260 won, which remains after deducting the Defendant’s operating profit of the instant retail shop from April 15, 2010 to February 2, 2014, and 5% per annum from February 15, 2014 to May 30, 2014, and 20% per annum from the next day to the date of complete payment.