1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

1. Facts of recognition;

가. 피고는 C으로부터 서울 마포구 D 소재 1층 13.86㎡(이하 ‘이 사건 점포’라 한다)를 임대차보증금 1,500만 원, 월 차임 80만 원에 임차하여 떡볶이 전문점을 운영하였다.

B. On May 24, 2018, the Plaintiff entered into a contract with the Defendant to transfer the facilities within the instant store and the right to lease as stated in the said paragraph (hereinafter “right to the instant store”) to operate real estate brokerage business (hereinafter “instant contract”) at the instant store in KRW 28 million. The key contents thereof are as follows.

The total premium of KRW 28 million shall be paid and received at the time of the contract, and the balance of KRW 20 million shall be paid in June 22, 2018.

The scope of transfer: CCTV, tent air conditioners, string air conditioners, water purifiers, string pumps, and straws. Article 2 (Transfer of Leases) (Transfer of Leases) shall be delivered to the assignee by the day before the commencement of the contract, and the transferor shall remove all matters impeding the exercise of the right of lease and deliver all facilities and business rights to the transferee so that the transferee can operate immediately at the same time as the receipt of any balance.

except as otherwise provided in the agreement.

Article 4 (Cancellation of Contract and ① In the absence of an intermediate payment agreement, the transferor shall compensate for the amount double the down payment, and the transferee may waive the down payment and cancel this contract until the transferee pays the remainder.

(2) If the transferor or transferee fails to perform the terms and conditions of this contract, the other party may demand in writing the person who has defaulted and rescind the contract.

In addition, the parties to the contract may claim the penalty for breach of contract respectively to the other party, and the down payment shall be regarded as the standard for penalty.

The terms and conditions of the lease of the object to be transferred or taken over: C, the lease deposit amount of KRW 15 million and monthly rent of KRW 80,000.