1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 13, 2010, the Plaintiff leased from the Defendant the D building 101-1 (actual area of 54.049 square meters) located in Seo-gu Incheon, Seo-gu, Incheon, for the operation of a pharmacy, KRW 50 million, monthly rent of KRW 2 million, and the period of December 31, 2012.

At the time of the commencement of the lease, several hospitals were located in D buildings, such as skin urology, urcology, urcology, and sexual surgery.

In November 2012, the Plaintiff and the Defendant raised the monthly rent of KRW 2.3 million (excluding value-added tax; hereinafter the same shall apply) and renewed the lease as of December 31, 2014. In addition, the Plaintiff and the Defendant inserted the terms into a special agreement that re-contracts by re-resolutioning the deposit and the rent in the extended contract period if the hospital additionally rents in a hospital during the extended contract period.

B. During that period, non-humane and hospital opened a new building around January 2014.

Accordingly, the plaintiff and the defendant concluded that the deposit amount is KRW 300 million around July 2014, and the monthly rent is KRW 3.5 million upon the defendant's request for re-resolution based on the above special agreement.

After that, the Plaintiff requested the Defendant to re-Adjustment, including the reduction of pharmacy deposit and rent, on the grounds of the business depression, closure, etc. of the above hospital, but the Defendant did not comply with such request.

Ultimately, the Plaintiff filed a lawsuit against the Defendant for the refund of deposit (this Court 2015Gahap5020) on January 12, 2015, when requesting the Defendant to return the deposit upon the expiration of the lease term.

In the process, the Plaintiff closed his/her pharmacy as of December 31, 2014.

On February 17, 2015, the Defendant returned the deposit amount of 300 million won to the Plaintiff, and the said lawsuit was withdrawn thereafter.

[Ground of Recognition: Facts without a partial dispute, Gap 1 through 6 (including partial number of heading), Eul 1, and fact-finding inquiry reply by the Seo-gu Incheon Public Health Center]

2. Determination as to the cause of action

A. The Plaintiff is leased on July 2014 under the Defendant’s promise to attract non-humane and hospital without fail.