1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. A. Around November 2009, the Plaintiff leased the building indicated in the attached Form C (hereinafter “instant building”) from C to operate the billiard. On February 6, 2013, the Defendant acquired the ownership of the instant building, and entered into a lease agreement with the Defendant again on March 22, 2013, setting the rental deposit amount of KRW 35,000,000, the rent of KRW 3,500,000 as to the instant building.

B. On July 2015, the Plaintiff terminated the lease relationship and delivered the instant building to the Defendant.

C. On the other hand, on July 3, 2015, the Plaintiff concluded a premium contract with D seeking to rent the instant building. Accordingly, D around that time paid KRW 25,00,000 to the Defendant, respectively, as business premium, under the name of business premium, as business premium.

Relevant provisions of the Commercial Building Lease Protection Act are as follows, and Article 10-4 is newly established on May 13, 2015 and enforced on November 14, 2015.

Article 10-3 (Definition, etc. of Premiums) (1) The term "person operating a business in a commercial building, the object of the lease, or a person who intends to operate a business, means a price for the transfer or use of tangible and intangible property value, such as business facilities, fixtures, customers, credit, business know-how, and business gains depending on the location of the commercial building, which is paid by the lessor or the lessee in addition to deposits and rents.

(2) “Premium contract” means a contract under which a person who intends to become a new lessee shall pay premiums to a lessee.

Article 10-4 (Protection, etc. of Opportunity to Collect Premiums) (1) No lessor shall interfere with receiving premiums from a person who intends to become a new lessee arranged by the lessee according to the premium contract by doing any of the following acts from three months before the term of lease expires to the termination of the lease:

Provided, That where any ground falling under any subparagraph of Article 10 (1) exists, it shall be limited.