1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 25, 2011, the Lessee leased the commercial buildings listed in the attached list C (hereinafter “instant commercial buildings”) owned by C from C, with a deposit of KRW 50 million, monthly rent of KRW 2.2 million (excluding value-added tax; hereinafter the same shall apply), and two years from August 26, 2011 to August 25, 2013, and thereafter, operated a private teaching institute in English language, “D” in the instant commercial buildings.

B. On August 25, 2013, the Lessee entered into a lease agreement with C on October 5, 2015, with the content that purchased the instant commercial building from C, E, F, and deposit KRW 50 million, monthly rent of KRW 2.2 million, monthly rent of KRW 2.2 million, and the period from August 26, 2015 to August 25, 2016, and the said lease agreement has been renewed thereafter.

C. On April 10, 2019, the counterclaim Defendant succeeded to the lessor’s status of the lease agreement upon purchasing the instant commercial buildings from E and F. D.

On May 16, 2019, the counterclaim Defendant did not intend to maintain the existing lease agreement any longer upon the termination of the lease term on August 25, 2019.

“Notice of rejection of renewal” was given to that effect.

E. On August 29, 2019, after the expiration of the lease term, the counterclaim Defendant filed the instant lawsuit seeking the transfer of the instant commercial building by the court 2019No24927 against the counterclaim Plaintiff.

However, the counterclaim Defendant received the instant commercial building from the counterclaim and withdrawn the instant principal suit on February 27, 2020.

[Reasons for Recognition] Facts without dispute, entries in Gap evidence 1 through 3 (including branch numbers, hereinafter the same shall apply) and the purport of whole pleadings

2. Determination on the cause of the claim

A. The gist of the counterclaim’s assertion was around July 2019, prior to the expiration of the lease term, G entered into a premium contract with G around 50 million won and arranged G to the counterclaim Defendant as a new lessee.

However, a lease contract is concluded as the counterclaim defendant demands that G pay much more increased than the existing 2.2 million won as a monthly rent to G.