1. The plaintiff's claim of this case is dismissed.

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

1. Basic facts

A. On October 2001, the Plaintiff entered into a contract with C to lease three floors (hereinafter “instant commercial building”) among the three floors of the building, including deposit KRW 80 million, monthly rent of KRW 1.8 million, monthly management fee of KRW 3 million, and monthly management fee of KRW 300,000,000, among the instant commercial building, Bupyeong-gu, Incheon. From that time, the Plaintiff established and occupied and used dental clinics in the instant commercial building.

B. The Plaintiff entered into a contract with C to lease the instant commercial building with the Defendant, one of the co-inheritors who succeeded to the instant commercial building due to C’s death (hereinafter “instant lease contract”). On January 5, 2012, the Plaintiff entered into a contract with C to lease the instant commercial building with a deposit of KRW 100 million, monthly rent of KRW 400,000 (Additional Tax separate), monthly management fee of KRW 400,000 (Additional Tax Separate Tax), monthly management fee of KRW 400,000 (Additional Tax Separate Tax), and the lease period from January 1, 2012 to December 31, 2013 (hereinafter “instant lease contract”).

C. The Plaintiff renewed the instant lease agreement, but did not accept the terms and conditions of the renewal contract proposed by the Defendant, and delivered the instant commercial building to the Defendant on May 6, 2016.

[Reasons for Recognition: Facts without dispute, Gap evidence 1, Gap evidence 2-1 and 2, the purport of the whole pleadings]

2. The plaintiff's assertion

A. Before the termination of the instant lease agreement, the Plaintiff entered into a premium agreement with dentists E and F, etc., setting the premium amount of KRW 100 million, by advertising the lease of the instant commercial building on the Internet website.

B. After that, the Plaintiff notified the Defendant that dentists want to rent the instant building, and asked the Defendant to adjust the deposit and rent. However, the Defendant asserted that the rent of the instant commercial building is limited to KRW 50 million, monthly rent of KRW 3 million, but the Defendant should receive KRW 120 million, monthly rent of KRW 4.4 million, and monthly rent of KRW 4.4 million.

In the end, the defendant demands that the deposit and the difference are significantly higher than the market price.