A. The Plaintiff is the owner of the 7th floor D of the building in the Nam-gu Incheon Metropolitan City (hereinafter “instant building”).

On October 21, 2019, the Plaintiff leased the instant building to E with the lease deposit of KRW 10,000,000, monthly rent of KRW 1,200,000 (excluding value-added tax) and the lease term of KRW 22,00 from October 22, 2019 to October 21, 2021 (hereinafter “the lease of this case”).

B. E and the Defendant, as a partnership business, operated a marina shop in the instant building, and paid that E would be paid to the Plaintiff on November 2019.

E withdrawn from the partnership relationship due to a dispute with the defendant around December 2019, and the defendant continued to conduct business in the building of this case since December 2019.

C. The Defendant paid directly to the Plaintiff the rent and management expenses incurred on December 2, 2019 and January 2020, but did not pay the following rent and management expenses.

On June 20, 2020, the defendant delivered the building of this case to the plaintiff, set off the rent and management expenses payable as the deposit for lease of this case to the plaintiff, and agreed to remove the facilities in the building of this case if the new lessee fails to seek within one month.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, Gap evidence 5, Gap evidence 7 through 11 (including branch numbers), and the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion was that the Defendant acquired the right of lease under the instant lease agreement from E, and agreed with the Plaintiff on June 20, 2020 to bear the cost of removal of the facilities within the instant building. As such, the Defendant is obligated to pay the Plaintiff the cost of removal of the facilities within the instant building.

B. The gist of the Defendant’s assertion is that the lessee of the instant lease agreement is not the Defendant, and the Defendant is not liable to perform the duty to reinstate the Plaintiff under the instant lease agreement.

3. Determination

(a) The whole pleadings are written in Gap evidence 2, Gap evidence 4 (including paper numbers), and Gap evidence 7 through 11.