1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. (1) On February 21, 2012, the Plaintiff entered into the instant lease agreement with the Defendant, as well as 331.6524 square meters in a child care facility located in the ASEAN-si apartment complex (hereinafter “instant child care center”) from the Defendant.

(3) The term “the instant lease” refers to a lease, the term of which was fixed from May 1, 2012 to April 30, 2015 (hereinafter “instant lease”) and is leased KRW 30 million, monthly rent of KRW 4.35 million, and the term of which was fixed from May 1, 2012 to April 30.

(3) The terms and conditions of the instant lease agreement are as follows. Article 10 (Prohibition of Change of Purpose and Sub-lease, etc.) “B” are prohibited from performing any act falling under any of the following subparagraphs without the approval of “A”. (3) All sub-leases are prohibited against the relevant facilities, and cannot be used for any purpose other than the purpose of lease as well as the transfer of the right of lease or the provision of the security. (1) When an act, such as Article 11 (Cancellation and Termination of Contracts) 5-10 (1) (i) is committed, it may be cancelled or terminated. (3) The person selected as the entrusted operator (person under a contract) shall operate the nursery facilities directly, and may not establish sub-entrustment, transfer, lease, mortgage, pledge, etc. (Article 10). In other words, all premium and goodwill are prohibited, and the contract is terminated immediately (Article 1).

(2) On February 15, 2012, the Plaintiff paid KRW 30 million to the Defendant the instant lease deposit.

B. On October 2014, the Plaintiff entered into the instant transfer/acquisition agreement (hereinafter “instant transfer/acquisition agreement”) with C, which stipulates that the Plaintiff shall transfer C the right to operate the instant childcare center at KRW 150 million for premium to C (hereinafter “instant transfer/acquisition agreement”).

(1) The transfer and acquisition agreement of this case was concluded. The main contents of the transfer and acquisition agreement of this case are as follows: (i) the time when the representative does not change upon the expiration of the period of 15 years and 6 months is jointly responsible. By the end of July, 10, the transfer and acquisition agreement shall be completed by the end of July. (ii) The Plaintiff shall immediately receive the deposit of KRW 30 million when the representative is changed. (ii) C shall receive it from time