1. Defendant B’s KRW 37,00,000 and the Plaintiff’s annual rate of KRW 5% from November 27, 2014 to September 9, 2015.

1. Facts of recognition;

A. Defendant C is the owner of the 4th ground-based building located in Dongdaemun-gu Seoul Metropolitan Government, and Defendant B entered into a lease agreement with Defendant C on August 16, 2014 with a deposit of KRW 30 million and monthly rent of KRW 1.2 million to operate the 2nd ground-based building (hereinafter “instant store”).

B. While the Plaintiff was preparing for the business to operate the Taekwondo hall in the vicinity of the instant store, he was aware of the fact that Defendant B intended to transfer the instant store. Accordingly, on September 3, 2014, the Plaintiff and Defendant B concluded a contract for the transfer of rights (hereinafter “instant contract”) with the amount of KRW 37 million on the premium, which was set as KRW 37 million.

C. On September 15, 2014, at the real estate brokerage office operated by Defendant B, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant C by setting the deposit amount of KRW 30 million, monthly rent of KRW 1.2 million, and the lease period from September 20, 2014 to September 19, 2016 with respect to the instant store (hereinafter “instant lease agreement”). As a special agreement, the Plaintiff determined that “any application for registration after the completion of the present construction and any registration after alteration of the use is to be made.”

However, the store of this case is currently a religious facility that cannot be used except for the purpose of religious facilities under the Enforcement Decree of the Building Act, and the defendant C did not file an application for change of the purpose of use with the Dongdaemun-gu Office until the plaintiff files the lawsuit of this case. Ultimately, the plaintiff did not operate the Taekwondo hall

E. On October 13, 2014, the Plaintiff sent to Defendant A a certification of the content that the instant transfer agreement is revoked, and the Plaintiff sent to Defendant C a certification of the content that the instant lease agreement is revoked on November 19, 2014.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 7 evidence, purport of the whole pleadings

2. Determination on the claim for the return of the premium against Defendant B

A. Defendant B’s primary assertion is the instant store.