1. The plaintiff's claim is dismissed.

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

1. The Plaintiff asserted that the Plaintiff entered into a lease agreement with the Defendant as to the real estate listed in the separate sheet (hereinafter “instant real estate”) with the lease deposit of KRW 100,00,000, monthly rent of KRW 7,200,000, and the lease agreement between September 17, 2012 and June 30, 2015 (hereinafter “instant lease agreement”). The lease agreement of this case was terminated as of June 30, 2015. The Plaintiff is legally protected the opportunity to recover the premium pursuant to Article 10-4 of the amended Commercial Building Lease Protection Act (hereinafter “the Act”). The Defendant interfered with the Plaintiff’s collection of the premium.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 138,00,000 (the amount paid to C, a lessee of the instant real estate, as premium) and damages for delay.

2. According to Article 10-4(1) of the Act, a lessor shall not interfere with the payment of premiums from a person who wishes to become a new lessee arranged by a lessee according to a premium contract from three months to three months after the lease term expires until the termination of the lease. In order to be protected pursuant to the above provision of the Act, first of all, the fact that the Plaintiff, a lessee, arranged the new lessee who entered into a premium contract, to the Defendant as the lessor, should be acknowledged. However, it is not sufficient to acknowledge the premium only with the statement of the evidence No. 5, and there is no other evidence to acknowledge it.

Even if the above facts are recognized, the payment of premiums, which is incidental to the lease of a commercial building, is not the content of the lease contract, but is not the object of the lease contract, and the premium itself is the transfer of intangible property value, such as tangible objects such as business facilities, fixtures, etc., or business gains depending on the location of the business, credit, business know-how, or store location, or the cost of use for a given period.