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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On August 31, 2015, the Defendant, on August 31, 2015, set the instant parking lot as KRW 30 million from the lessee E of the parking lot (hereinafter “instant parking lot”) among the buildings owned by Seongbuk-gu Seoul Metropolitan Government D large 892 square meters and its second floor, from September 1, 2015 to August 31, 2017, the lease deposit amount of KRW 30 million, and monthly rent of KRW 2.8 million (hereinafter “the instant parking lot”).
B. Upon the introduction of F and G around October 2015, the Plaintiff paid the instant parking lot from the Defendant to July 31, 2018 from October 2015 to July 31, 2018, the amount of KRW 30 million for lease deposit, KRW 20 million for premiums, KRW 1 million for monthly rent. On October 16, 2015, the Plaintiff paid KRW 30 million for lease deposit, KRW 20 million for the Defendant and KRW 20 million for the instant land, respectively.
C. On July 2016, E entered into a contract to sublease the instant parking lot to H on the ground that the Defendant moved the instant parking lot to the Plaintiff without his/her consent. Accordingly, on July 25, 2016, the Plaintiff, from the foregoing H, set the instant parking lot from July 25, 2016 to July 24, 2017, at KRW 1 million as lease deposit, KRW 10 million as lease deposit, and KRW 1 million as monthly rent (hereinafter “the instant second preceding vehicle”).
Meanwhile, in this process, the Plaintiff demanded the Defendant to return the deposit amount of KRW 30 million for the lease deposit of the instant previous car contract, but the Defendant did not comply with the demand by the Defendant to return the deposit amount of KRW 30,000 to the expiration date of the lease term of the instant previous car contract.
The Plaintiff is occupying the instant parking lot in accordance with the second preceding contract of this case until now.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings
2. According to the aforementioned Paragraph 1 and the purport of the entire argument as to the cause of the claim, the Defendant did not consent to the Plaintiff without the consent of the lessee E.