1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 28, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with respect to the Cheongju-si C building 6 and 7 floors (hereinafter “instant health center”) in order to use the Defendant and the health center (hereinafter “instant health center”). The lower court concluded the instant lease agreement with the Defendant, and the Plaintiff, respectively.

From July 1, 2014 to June 30, 2016, lease deposit amounting to 35 million won, and KRW 4 million per month.

B. On June 30, 2014, the Plaintiff entered into a contract for the transfer and acquisition of business rights to the instant healthcare with D, which was engaged in the healthcare business, and paid KRW 130 million to D as premium.

C. On April 15, 2017, the Plaintiff entered into a contract for the transfer and acquisition of the instant health care business rights (hereinafter “instant transfer and acquisition contract”) with E and premium amounting to KRW 165 million.

On April 18, 2017, the Plaintiff was served with a certificate to the effect that “The Plaintiff was refused to enter into a lease agreement with the Defendant, the building owner regarding the instant health care center, and thus, the Plaintiff cancelled the transfer/acquisition agreement and returned the paid provisional contract amount, etc.”.

E. On April 25, 2017, the Defendant notified the Plaintiff of the completion of the instant lease agreement on June 30, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 5-1, the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the parties’ assertion 1) While the Plaintiff entered into the instant transfer/acquisition agreement, the Plaintiff obstructed the Plaintiff from receiving the premium from the new lessee by refusing to enter into a lease agreement with the new lessee without justifiable grounds. As such, the Defendant was at the time of termination of the instant lease agreement.