1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On March 31, 2014, the Plaintiff entered into a contract with the Defendant to lease KRW 101-2 of the Busan East-gu D 1st floor price (hereinafter “instant real estate”) with a deposit of KRW 5 million, KRW 250,000 per month, and the lease period from April 11, 2014 to April 10, 2016 (hereinafter “instant lease contract”). The Plaintiff paid the Defendant a deposit of KRW 100,000,000 on March 31, 2014, and KRW 400,000 on April 11, 2014.

B. At the time, the Plaintiff acquired all facilities and goodwill from the lessee E who operated a school in the instant real estate, and paid to E the premium amounting to KRW 2 million on March 25, 2014 and KRW 5 million on April 3, 2014.

C. The instant lease agreement was explicitly renewed on April 10, 2016, and the Plaintiff and the Defendant raised 9% each of the deposit and the tea, thereby setting the deposit amount of the instant lease at KRW 5,450,000, KRW 270,500 per month.

On April 12, 2016, the Plaintiff paid KRW 450,000 to the Defendant the increased amount of deposit.

On March 16, 2017, the Plaintiff agreed on March 14, 2017 to conclude a new commercial real estate lease agreement with the Defendant on March 14, 2017 to recover the premium from a new lessee. However, the Defendant refused to conclude a new commercial real estate lease agreement and obstructed the collection of the premium by asserting that the lease would be made to a third party. As a result, the Plaintiff was unable to recover the amount of KRW 30 million due to the cancellation of a contract for the transfer of a right with a new lessee (F) arranged on March 19, 2017. The renewal following the expiration of the lease term on April 10, 2016 was terminated, and the Plaintiff sent a document verifying the content that “The real estate in this case was delivered to the Defendant on April 10, 2017, and at the same time the Plaintiff returned the lease deposit amount to the Defendant, KRW 545 million, and KRW 30 million.”

E. The Plaintiff delivered the instant real estate to the Defendant on April 10, 2017, and the Defendant, on the same day, KRW 5.45 million, to the Plaintiff.