1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. From 2003, the Plaintiff leased 168.16 square meters (hereinafter “instant store”) of the 3rd floor of the building of Songpa-gu Seoul Metropolitan Government 3rd floor (hereinafter “instant building”) and operated the main points after completing business registration as D’s trade name.

B. On August 8, 2011, the Defendant acquired the ownership of the instant building and concluded a lease agreement with the Plaintiff on October 22, 2011 regarding the instant store.

Since then, the original defendant entered into a renewal contract with the renewal of the above lease contract or with the different terms and conditions.

C. On May 3, 2016, the Defendant sold the instant building to E and completed the registration of ownership transfer on June 1, 2016.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion was that the Defendant, from April 2016, when the building owner was the owner of the instant building, was unable to operate any more points. Therefore, the Defendant was obligated to pay the Plaintiff the repair cost of KRW 206,951,80 in accordance with the water leakage of the instant store.

3. The evidence submitted by the Plaintiff alone is insufficient to recognize that the Plaintiff was unable to operate the main store due to the occurrence of water leakage at the store of this case from June 1, 2016, which was lost the ownership of the building of this case, and there is no other sufficient evidence to acknowledge it.

Rather, in light of the following circumstances, the Plaintiff appears to have failed to operate the main points that occurred in the instant store since June 1, 2016, the Plaintiff, who acquired opposing power pursuant to Article 3(1) of the Commercial Building Lease Protection Act, can only seek damages against E, who is the new owner of the instant building, in accordance with Article 3(2) of the same Act.

The plaintiff's claim will proceed to the remainder.