The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Facts of recognition

On May 31, 2011, the Plaintiff leased a commercial building located in Busan-gu D (hereinafter “instant commercial building”) from C to May 30, 201, with a lease deposit of KRW 10,000,000, monthly rent of KRW 1,100,000 (including value-added tax) and the lease term of KRW 30, 2013.

(hereinafter “instant lease agreement”). The instant lease agreement was renewed on May 30, 2013, and thereafter, Defendant and E purchased the instant commercial building on October 8, 2014 and completed the registration of ownership transfer on October 31, 2014.

On November 7, 2014, the Plaintiff drafted a letter of commitment between the Defendant and the Defendant to deliver within three days without raising any civil or criminal objection after the expiration of the lease term as of May 30, 2016, maintaining the rent as it is until May 30, 2015, and referring to KRW 1,500,000 (including value-added tax) monthly from June 2015.

On April 27, 2016, the Defendant notified the Plaintiff of the transfer of the instant commercial building within three days after May 30, 2016, as the said promise document, with content certification.

[Grounds for recognition] The Plaintiff’s assertion of the purport of the whole pleadings and records in Gap’s evidence Nos. 1 through 3, Eul’s evidence Nos. 2 and 3, and the purport of the whole pleadings was to conclude the instant lease agreement with the previous lessee by paying KRW 70,00,000 for the premium to the previous lessee. On May 30, 2016, the Plaintiff intended to arrange for a new lessee and arrange for a new lessee. However, the Defendant refused to act as a principal agent itself and failed to arrange for a new lessee.

In the end, the defendant is the "Commercial Building Lease Lease Act" below the "Commercial Building Lease Act".

1) Article 10-4(1) and Article 10-4(1) (such as protection of opportunity to recover premiums, etc. ① A lessor shall not interfere with the receipt of premiums from a person who intends to become a new lessee arranged by a lessee under a premium contract by doing any of the following acts from three months before the lease term expires to the termination of the lease:

Provided, That there is a ground falling under any subparagraph of Article 10 (1).