1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. The court's explanation on this part of the facts of recognition is the same as the statement of Paragraph (1) among the grounds of the judgment of the first instance.

(Article 420 of the Civil Procedure Act). 2. The allegations of the parties

A. In the course of concluding a lease agreement on the instant building with the Defendant, the Plaintiff asserted that: (a) paid KRW 38,000,000 as premium to G, etc., an existing lessee, who had operated a singing practice room in the instant building; and (b) thereafter, the Plaintiff entered into a right transfer agreement with F, which seeks to take over the singing practice room in the instant case and received KRW 58,000,000 as premium for a singing practice room.

However, the Defendant violated the instant special agreement or caused the Defendant’s deception during the process of entering into the instant lease agreement, etc., thereby resulting in the Plaintiff’s failure to receive KRW 58,00,000 for the premium of the said singing practice room.

Therefore, the Defendant is obligated to compensate the Plaintiff for damages equivalent to the premium amounting to KRW 55,500,000 (=5,000 for premium amounting to KRW 58,00,000 for premium amount that the Plaintiff could have been paid from F - KRW 2,50,000 for premium amounting to KRW 2,50,00 for premium amount) and damages for delay.

B. The object of the instant lease agreement concluded between the Defendant and the Plaintiff constitutes a commercial building and thus, the Commercial Building Lease Protection Act is applicable.

Therefore, the plaintiff, who has acquired opposing power over the commercial building of this case, can claim the status of the tenant against the Egyptian Association that acquired the ownership by purchasing the building of this case from the defendant, and the Egyptian Association, the buyer, shall automatically succeed to the status of the tenant.

Ultimately, the Plaintiff, as a lessee, transferred the instant singing practice room to a third party during the lease term with the Edial Association, which is a lessor, and had sufficient opportunity to recover the premium. However, due to the Plaintiff’s problems such as the automobile body, etc.