1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 11, 2011, the Plaintiff entered into a lease agreement with the Defendant on a deposit amounting to KRW 20 million for the building C (hereinafter “instant real estate”), monthly sales of KRW 18% as the monthly rent, and the contract term of the lease from the Defendant during the period of August 31, 2015 (hereinafter “instant lease agreement”), and operated a coffee specialty store at all times.

On August 31, 2015, the respondent receives deposit of KRW 20,000,000 from the applicant and simultaneously issues an order to the applicant for the real estate of this case.

(1) Paragraph (1). Upon termination of the instant lease agreement, the respondent shall restore the instant real estate to its original state and order it to the applicant, and shall not claim reimbursement of all necessary and beneficial costs.

(3) Paragraph (3). If there are parts different from those set forth below among the above reconciliation provisions, such reconciliation provisions are not effective, and the following provisions shall apply:

[Duration] However, if there is a provision different from the mandatory provisions of the Commercial Building Lease Protection Act in relation to the renewal and duration of a lease agreement, the said provision shall be applied preferentially, and the relevant provisions shall be null and void.

B. Meanwhile, the Seoul Central District Court 2012No. 2449 filed against the Plaintiff on January 14, 2013 in the lawsuit telephone case, where a compromise was concluded between the Plaintiff and the Defendant, and the protocol of compromise (hereinafter “the protocol of compromise”) contains the following:

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The Plaintiff asserted and determined the instant protocol of conciliation provides that the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Protection Act”) shall take precedence over other provisions of settlement. According to Article 10(1) of the Commercial Building Lease Act, a lessor is demanded to renew the said protocol of conciliation without justifiable grounds.