1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 10, 2017, the Plaintiff entered into a commercial building lease agreement (hereinafter “instant lease agreement”) with the Defendant with respect to the unit D (1st floor 61.8 square meters (hereinafter “instant unit”) of the Daegu Northern-gu Building (hereinafter “instant building”) (hereinafter “instant unit”) and with the Defendant, with respect to the lease deposit amount of KRW 50,000,000, and with respect to the lease deposit amount of KRW 1000,000,000, from June 10, 2017 to July 31, 2019, with the lease term of KRW 2,50,000,000 (hereinafter “instant unit”). The Plaintiff was handed over the said store and operated beer E (mutual name).

B. Upon the Defendant’s request, the Plaintiff paid KRW 50,000,000 as premium in addition to the above lease deposit.

(hereinafter referred to as “the instant premium”) C.

The Plaintiff and the Defendant did not renew the instant lease agreement, and the Plaintiff, around July 29, 2019, ordered the Defendant to deliver the instant store to the Defendant, and received KRW 50,000,000 from the Defendant around August 1, 2019.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The assertion and judgment

A. Premiums, which are incidental to the lease of a building for the plaintiff's alleged commercial use, are tangible goods, such as business facilities, fixtures, etc., or intangible property values, such as business advantages, or for a certain period of time depending on the location of business facilities, customers, credit, business know-how or store. There is no provision from the defendant that the plaintiff has property value, such as business facilities, fixtures, etc., nor is the type of business different from that of the plaintiff's previous business, and the type of business of the plaintiff is not only a different from that of the coffee shop operated by the defendant, but also a majority of the store of this case at the time of the actual lease by the defendant, and the rest is irrelevant to the coffee shop in the public room, and therefore, the premium of this case paid by the plaintiff does not take over facilities, fixtures, etc., and therefore, the premium of this case paid by the defendant from the plaintiff without any legal grounds.