1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. On August 25, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on a deposit of KRW 10 million, monthly rent of KRW 1.7 million, and from August 25, 2017 to August 25, 2020, with the term of the lease (hereinafter “instant lease agreement”).

B. On August 22, 2017, the Defendant paid KRW 5 million as part of the deposit to the Plaintiff. On August 25, 2017, the Defendant paid KRW 5 million in advance the balance of the deposit and KRW 1.7 million in the monthly rent on August 25, 2017, which is the date of the contract. The Plaintiff delivered the instant land to the Defendant on August 25, 2017.

C. Meanwhile, from October 25, 2017 to December 25, 2017, the Defendant delayed payment for the three-year period from October 25, 2017, and the Plaintiff notified the Defendant of the termination of the instant lease agreement and the return of the instant land by January 15, 2018 through the content certification (hereinafter “instant content certification”). The content certification reached the Defendant on December 27, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff’s assertion 1) At the time of the instant lease agreement, pents were installed on the instant land, but the Defendant removed part of the pents as to the instant land while running the automobile sales business. The Plaintiff received the Defendant’s text message that the transfer of the instant land was completed on or around January 31, 2018, and confirmed the site. However, the Plaintiff was in a state where the pents removed by the Defendant was not re-established, and the Plaintiff demanded the restoration of the pents to the original state, and was in April 2, 2018. Accordingly, the unpaid rent by the Defendant was 9,010,000 won from October 25, 2017 to April 2, 2018 (=1700,000 won x May 9, 300) through the proof of the content of the instant case.