1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On April 26, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, and the Defendant and C, with respect to the building site and ground (hereinafter “instant commercial building”) in Daejeon-dong-gu, Daejeon-gu, Daejeon-gu, Daejeon-gu, with a co-owner, with a deposit of KRW 80 million, monthly rent of KRW 2.3 million (2.5 million from the beginning of the lease) and the lease term of KRW 16,60,000 from June 16, 2014 to June 15, 2019 (60 months).

B. After entering into the instant lease agreement, the Plaintiff operated the instant commercial building with the trade name called “Eart”.

C. On April 16, 2019, the Plaintiff entered into a contract for acquisition or transfer of rights (hereinafter “the instant premium contract”) with H to transfer the business facilities, furnitures, etc. of the instant shopping district to KRW 50 million, which was known through the F Licensed Real Estate Agents (G) and arranged H to the Defendant as a new lessee around that time.

The Defendant presented the terms and conditions of the initial lease with a new lessee as “a deposit of KRW 80 million, monthly rent of KRW 3 million,” and submitted a certificate to the effect that “a deposit of KRW 80 million, monthly rent of KRW 3.5 million,” and on April 23, 2019, the Plaintiff issued to the Defendant a certificate of the following purport: (a) on April 23, 2019, the Plaintiff “a change of existing terms and conditions, and raising the monthly rent of a new lease constitutes an act that interferes with the Plaintiff’s collection of the premium.”

E. On May 2019, the Defendant finally presented the terms and conditions on the part of the Plaintiff and the new lessee, stating that “the deposit is KRW 50 million, monthly rent is KRW 3.2 million, which shall be increased by 5% per annum.” The new lessee H did not enter into a lease agreement on the ground that it is difficult for the Defendant to accept the terms and conditions.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. The Plaintiff’s assertion is the monthly rent of KRW 2.5 million from April 2016 to 2.5 million, and the Defendant around March 2019 to 3 million from the monthly rent of a new lease agreement on the instant commercial building.