1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. From September 11, 2010, the Defendant: (a) had engaged in restaurant business in the name of “D” in Bupyeong-gu, Seocheon-gu; (b) had entered into a contract for acquisition or transfer of the following rights regarding the said restaurant (Evidence A2; hereinafter “instant contract”); and (c) received KRW 8,000,000 from the Plaintiff in accordance with the said contract.

1. Location of indication of real estate: 47.97 square meters in area D;

2.Article 1 of the Contents of the Contract / [Purpose] The transferor and transferee of the right to the above real estate shall enter into a contract for acquisition of the right as follows by agreement:

Total premium: 8,000,000 won down payment: 800,000 won shall be paid and received at the time of the contract. Any balance: 7,200,000 won shall be paid on April 22, 2015.

The scope of transfer: The transferor shall deliver the above real estate to the transferee by the day before the commencement of the lease contract, with the condition that the transferor can exercise the right of the real estate, and the transferor shall remove all the matters impeding the exercise of the right of lease and deliver all the facilities and goodwill so that the transferee can operate immediately at the same time with the receipt of any balance.

except in the case of an agreement.

Article 3 [Reversion of Profits and Taxes] Reversion of profits and burden of taxes, public charges, etc., arising on the above real estate shall accrue to the transferor until the date of delivery of the above real estate, and the latter shall revert to the transferee, respectively.

Provided, That the liability for payment and payment of local taxes shall be governed by the provisions of the Local Tax Act.

Article 4 [Cancellation of Contract] (1) The assignee shall compensate for the amount double the down payment before the assignee pays the intermediate payment (if there is no intermediate payment agreement, the balance), and the assignee may waive the down payment and cancel this contract.

(2) If the transferor or transferee fails to perform the terms and conditions of this contract, the other party shall have defaulted.