The part against the defendant exceeding the amount ordered to be paid under the judgment of the first instance shall be revoked, and the cancellation shall be revoked.

Basic Facts

On December 10, 2013, the Plaintiff’s husband C leased 45 square meters (hereinafter “instant commercial building”) of the first floor of the building from E, the former owner of the building 5th floor of the building D in Busan, Seo-gu, Busan, with the lease deposit of KRW 40 million, monthly rent of KRW 1.4 million, and the lease term of KRW 1.4 million from December 10, 2013 to December 9, 2015.

On August 10, 2014, the Plaintiff received the right of lease from C, and operated the restaurant of “J” in the instant commercial building (hereinafter “instant restaurant”).

Defendant, F, and G acquired the ownership of the instant commercial building from E on August 17, 2015, and the Plaintiff and the Defendant on the same day.

The terms and conditions of the lease contract, such as Paragraph (1), were concluded (hereinafter “instant lease contract”).

On October 11, 2018, the Defendant sent to the Plaintiff a content-certified mail stating that “the instant lease agreement is terminated on December 9, 2018, and until December 10, 2018, the instant commercial building is located.”

On October 22, 2018, the Plaintiff entered into a premium contract with H to the effect that the business facilities, etc. of the instant restaurant are transferred in KRW 30 million for premium (hereinafter “instant premium contract”) and received KRW 3 million for down payment from H on the same day.

On December 8, 2018, the Plaintiff transferred the instant commercial building to the Defendant.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 3, 6, 7 through 10, 12, Eul evidence Nos. 1 (including a serial number; hereinafter the same shall apply) and images, the whole purport of pleadings, and the contents of the Commercial Building Lease Protection Act, which provides that a lessor shall not prevent the lessee from receiving premiums from a person who intends to become a new lessee arranged by the lessee pursuant to a premium contract, by refusing to enter into a lease contract with a new lessee, from six months before the lease term expires to the expiration of the lease term without justifiable grounds.

A lessor who violates this provision shall cause damage to a lessee.