1. Facts of recognition;

A. On March 4, 2015, the Plaintiff: (a) from the Defendant, on March 4, 2015, leased a commercial building of KRW 10,00,000,000 for rent deposit; (b) monthly rent of KRW 2,00,000 (payment on March 25); (c) the lease period from March 25, 2015 to March 25, 2017 (hereinafter “instant lease agreement”); and (d) operated a restaurant with the trade name “D.”

B. On February 8, 2017, the Plaintiff received KRW 50 million between E and entered into a premium contract with the business facilities of the instant commercial building to transfer the tangible and intangible property value, and received KRW 5 million as the down payment. On February 13, 2017, the Plaintiff requested the Defendant to enter into a new lease contract with E and notify the Defendant thereof.

However, around February 15, 2017, the defendant notified the commercial building of this case as the plaintiff's refusal of the plaintiff's request.

Accordingly, the above premium contract was reversed, and the plaintiff returned 5 million won to E on March 8, 2017.

C. The appraised value of the instant commercial building is KRW 2,339,600 in tangible property and KRW 1,038,100 in intangible property as of March 25, 2017.

As of the date of closing argument, the Plaintiff operated a restaurant in the instant commercial building as of the date of closing argument, and paid to the Defendant by March 25, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 6, 8, 14 (including additional numbers), E testimony of witness E, results of appraisal entrustment to appraiser F, purport of the whole pleadings

2. Determination on the main claim

A. (1) Claim for damages equivalent to the amount of premium) The instant lease contract terminated on March 25, 2017, and the Plaintiff entered into a premium contract with E on February 8, 2017, and requested the Defendant to enter into a new lease contract with E, however, the Defendant’s refusal.