1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

1. The parties' assertion

A. On March 14, 2008, the Plaintiff asserted that the Plaintiff was operating a restaurant (hereinafter “instant restaurant”) with the trade name “E” in the said place after concluding a lease agreement with a period of 27 million won, monthly rent of KRW 1.9 million, and 24 months with respect to the first floor of the Gangnam-gu Seoul Metropolitan Government D Ground Building (hereinafter “instant building”).

On February 23, 2011, the Defendant succeeded to the lease contract with the Plaintiff by purchasing the instant building from C.

The Plaintiff did not delegate the authority to the instant restaurant to F, but did not receive KRW 300,000 per month, and was in charge of the operation of the instant restaurant. The Defendant paid KRW 22,085,00,000 remaining lease deposit to F or G, its wife on December 2, 2013, and thereafter F transferred the instant restaurant to a third party who transferred the instant restaurant without the Plaintiff’s consent.

The lease agreement between the Plaintiff and the Defendant became impossible for the Defendant to implement by delivering the instant restaurant to a third party. Since the Defendant’s payment of the lease deposit to F is no effect on the Plaintiff, the Defendant is obligated to refund the remainder of the lease deposit after deducting the monthly rent received from G from the Plaintiff.

B. On April 14, 2011, the Defendant asserted that the instant building was purchased from C and did not succeed to the lease relationship between the king, and concluded a lease agreement with F, the Plaintiff’s agent, with respect to the instant restaurant as the lease deposit amount of KRW 27 million, monthly rent of KRW 200,000,000 (Additional Tax).

The Defendant, as the actual owner of the instant restaurant is aware of the Plaintiff’s external third village, H, and the F, who was in charge of the operation of the instant restaurant, acquired the instant restaurant from the Plaintiff’s side, concluded a lease agreement with G, which is the wife of F, and KRW 30 million, monthly rent of KRW 2.1 million.