1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

(b) Return;

(2) On February 28, 2018, when the term of the instant lease agreement expires, the Plaintiff requested the Defendant to return the premium due to the termination of the lease agreement. However, the Defendant refused to return the premium pursuant to Article 7(2) of the instant lease agreement. Thereafter, the Plaintiff and the Defendant agreed to lease the instant real estate, etc. to the subsequent lessee and to recover the premium from the subsequent lessee. (C) On May 14, 2018, the Defendant entered into a lease agreement with D and the instant real estate, etc. for KRW 40 million (the remainder of the lease amount of KRW 46,00,000 on the date of the contract, the remainder of the lease amount of KRW 36,00,00,000,000 for the remainder of the lease contract, and the lessee was not liable for the subsequent lease agreement (hereinafter “the lease agreement”) from June 1, 2018 to June 1, 2019, and the lessee was not subject to settlement of the lease agreement after the lease agreement.

Premium(facility costs) was determined as "the lessor is not responsible for it."

On the same day, the Plaintiff entered into a contract on the transfer of rights to the business facilities, etc. on the same day with D and received KRW 30,000,000 for the premium from D.

On the other hand, there was a dispute between the owner of the real estate adjacent to the real estate of this case, etc. and the owner of the real estate of this case, etc. of this case, who would prevent the extension of one-year business under the follow-up lease agreement. D determined that it is difficult to conduct the business on the real estate of this case, etc., and requested the plaintiff and the defendant to terminate the follow-up lease contract and the right transfer contract

Accordingly, on June 4, 2018, the defendant agreed to terminate the subsequent lease contract, and returned the down payment of KRW 4,000,000 to D on the same day.