1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Basic facts

A. On June 26, 192, a building permit was issued on the 1st underground floor, the 1st ground floor D-dong and E-dong building (hereinafter “instant building”) on the south-gu Incheon Metropolitan City’s ground level C, and on December 24, 1992, the approval for use was granted.

B. On October 6, 2014, the Plaintiff leased the first store (hereinafter “instant commercial building”) from the Defendant at the left-hand side of the 4 square column of the 1st floor store, which is owned by the Defendant, as set forth in the deposit money of KRW 30 million, monthly rent of KRW 1.3 million, lease period of KRW 1.3 million, and from November 3, 2014 to 24 months, respectively (hereinafter “instant lease contract”), and thereafter, operated beauty room business with the trade name “F” from the instant commercial building.

The instant lease agreement was implicitly renewed on November 4, 2016.

C. On September 2017, the Plaintiff was urged by G to rent the instant commercial building in physical color with a new lessee, and the Plaintiff paid KRW 15 million for operating premium, KRW 35 million for facilities premium, and demanded the Defendant to terminate the instant lease agreement and enter into a lease agreement with the new lessee on October 2017. However, the Defendant did not conclude a lease agreement with G on the ground that the new lessee can be recognized only for the two-year contract period.

On October 19, 2017, the Plaintiff agreed to receive KRW 15 million business premium and KRW 35 million between H and a new lessee. The Plaintiff met with the Plaintiff’s spouse and the Defendant for a lease agreement between H and the Defendant on the basis of a two-year contract. However, the Defendant asserted that only the two-year contract period can be recognized, and did not enter into a lease agreement between H and the Defendant.

E. As of November 3, 2017, which was around the expiration date of the instant lease agreement with respect to the instant commercial building, the premium amounting to KRW 6.1 million, including interior and 13.86 million, business facilities, etc., and KRW 2,972 million, including intangible property value of KRW 9.76 million.

F. On December 8, 2017, the Plaintiff (hereinafter “Plaintiff”).