The part against the defendant exceeding the following portions of the judgment of the first instance shall be revoked, and such cancellation shall be revoked.

1. Basic facts

A. On March 1, 2005, E (hereinafter “foreign clan”) leased D 3,503 square meters (hereinafter “D land”) to the Plaintiff on the condition that “50,000,000 won for lease deposit, 150,000 won for rent monthly, 150,000 for rent, and 2 years from March 1, 2005 for lease term” (hereinafter “the above lease agreement”) and the instant lease agreement continued to be renewed.

B. On March 13, 2018, the Plaintiff: (a) determined that the instant land among D land was “1,00,000,000 won for a deposit for lease and lending, and KRW 300,000 for a monthly rent; and (b) subleted the instant land to the Defendant.”

(hereinafter the above sub-lease contract is referred to as the "sub-lease contract of this case. The defendant paid 1,000,000 won to the plaintiff on the same day and delivered the land of this case from the plaintiff, but did not pay all the rent thereafter.

C. On January 1, 2019, the Plaintiff notified the Defendant that the instant sub-lease contract will be terminated on the grounds of the delinquency in rent by serving the duplicate of the instant complaint on the Defendant.

In full view of the purport of Gap evidence No. 2 and all pleadings, the plaintiff sent a text message to the defendant to the effect that the sub-lease contract of this case is terminated on or around September 11, 2018, but it is unclear whether the above text message was sent to the defendant normally.

On August 16, 2019, the Plaintiff’s agent, the Defendant, and the non-party clans, who are landowners, agreed to enter into a lease agreement individually with respect to D land including the instant land.

E. On August 28, 2019, Nonparty 1 leased the instant land to H as “1,50,000 won for lease deposit, KRW 1,200,000 for the rent year, and KRW 1,200,00 for the rent, from September 1, 2019 to August 31, 2024.”

At the time of conclusion of the above lease contract, the defendant was involved as his agent.

[Ground of recognition] The evidence Nos. 1, 4, 5, 7, 8, and Eul Nos. 6, 7, and 8 are each numbers.