1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. The Defendant operated the “F Licensed Real Estate Agent Office” located in Bupyeong-gu, Incheon (hereinafter “instant brokerage office”) and transferred all of the facilities and goodwill of the said office to Nonparty G on October 31, 2016, at KRW 14 million.

(hereinafter referred to as the “Initial Business Transfer Agreement”) b.

Then, on January 22, 2017, the Defendant, with the consent of G, has leased H and I of Incheon Bupyeong-gu located in the same Dong as the instant brokerage office, and has run the real estate brokerage business under the name of “D Licensed Real Estate Agent Office”.

C. Around 2017, G transferred the instant brokerage office’s business to Nonparty J. On June 19, 2018, upon request of the Defendant, the J transferred all of the rights and facilities of the said brokerage office to the Plaintiff as a broker of the Defendant (hereinafter “final business transfer agreement”) and the Plaintiff is operating the instant brokerage office from July 2, 2018 to that date.

around January 20, 2019, the Defendant moved from the instant brokerage office to 20 meters away from the Nam-gu Incheon Metropolitan City C and 1st floor, and runs real estate brokerage business.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 8 (including each number, hereinafter the same shall apply), Eul evidence Nos. 1 to 3, the purport of the whole pleadings and arguments

2. The assertion and judgment

A. The plaintiff's assertion 1 of the parties is the transferor of the first business transfer contract regarding the brokerage office of this case, and the defendant bears the duty of prohibition of competition under Article 41 (1) of the Commercial Act against the plaintiff who takes over the business of the said brokerage office pursuant to the final business transfer contract

However, the defendant runs the real estate brokerage business in the name of "D Licensed Real Estate Agent Office" at a place within a distance of about 20 meters from the brokerage office of this case.