1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

1. Basic facts

A. On September 12, 2014, the Plaintiff entered into a lease agreement with the Defendant on the condition that the store’s eight square meters (hereinafter “instant store”) among the first floor of the building in Ulsan-gu, Ulsan-gu, Seoul-gu (hereinafter “instant building”) owned by the Defendant was set at KRW 35 million, KRW 1.2 million per rent, KRW 1.2 million per month, and the period from September 22, 2014 to September 21, 2016.

The Plaintiff paid the above lease deposit to the Defendant in accordance with the above lease agreement, and used the above store as a clothing sales store.

B. After that, on September 21, 2016, the expiration date of the above lease term, the Plaintiff entered into a lease agreement with the Defendant on the condition that the lease deposit and the rent for the instant store are the same, and the period is set from September 22, 2016 to September 21, 2017 (hereinafter “instant lease agreement”).

C. However, around October 24, 2016, the Plaintiff requested the Defendant to terminate the agreement on the instant lease agreement by asking for business difficulties, and the Defendant also accepted the Plaintiff’s request and decided to receive the said store from the Plaintiff and return the remainder of the lease deposit to the Plaintiff.

Then, on November 3, 2016, the Plaintiff entered into a premium contract with D with the content that the Plaintiff would rent the instant store (hereinafter “the instant premium contract”) and transferred D all the facilities and operating rights of the said store in KRW 22 million (hereinafter “the instant premium contract”).

D paid 2.2 million won to the Plaintiff on the same day as the down payment of the premium contract.

E. D intended to operate the instant store’s “salging-type.” On November 201, 2016, the Plaintiff requested that the Defendant “is permitted to transfer the right to the said store to a person who intends to operate the salging-type.” However, the Defendant is not permitted to operate the salging-type.”