1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the following additional payment order shall be revoked.

1. The contents to be written by the court on this part of the basic facts are as stated in the judgment of the court of first instance, except for the following modifications of the basic facts in the reasoning of the judgment of the court of first instance. As such, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(g) above b.

Paragraph (3) of Article 4 of the premium contract for the premium of this case (hereinafter referred to as “the premium contract of this case”) is written as follows:

Where a new lessee fails to commence his/her business or to continue his/her business due to the suspension of business, cancellation, removal order, etc. of the object of lease due to a cause that occurred during the period of business of the lessee after the conclusion of this contract, the new lessee may cancel the contract or claim damages against the lessee even when the contract is cancelled."

2. Judgment on the primary cause of claim: A claim for the refund of the premium due to the cancellation of the premium contract.

A. The Plaintiff’s assertion that the part of the instant store was removed, which was the building in violation of the Building Act, was a serious defect that could no longer continue to operate in the instant store. As such, the Plaintiff’s exercise the right to rescind the agreement under Article 4(3) of the instant premium contract by delivering a copy of the complaint of this case. The Defendant must return the premium of KRW 100 million to the Plaintiff.

B. The premium paid in connection with the lease of a building for ordinary use in determination is the transfer of intangible property value, such as tangible and intangible property value, such as business facilities, fixtures, etc. of a commercial building, or business partners, credit, business know-how or store location, or the cost of use for a given period.

The premium contract, which is accompanied by the right of lease transfer contract, is a contract separate from the right of lease transfer contract, but in light of the process of conclusion of the above two contracts and the contents of the contract, the premium contract is combined with the right of lease transfer contract.