1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Facts of recognition;

A. The Defendant is the owner of the first floor of the building Busan Metropolitan City, Busan Metropolitan City, the first floor of the building (hereinafter “instant building”). The Plaintiff was a person who leased the instant building and was in the plan to operate the carpet or Lestop.

B. On December 3, 2013, the Plaintiff entered into a lease agreement with the Defendant on the instant building with the following terms (hereinafter “instant lease agreement”), and the Plaintiff paid 20 million won the down payment to the Defendant on the same day.

The lease period: From March 1, 2014 to February 28, 2017.

Deposit KRW 100 million, down payment 20 million (in case of a contract), balance 80 million won (payment on March 1, 2014), and rent of KRW 9 million (in case of a special agreement on March 1, 2014),

1. The present tenant and the present tenant are in the process of the present suit (hereinafter referred to as the “instant suit”) and this contract becomes effective after the completion of clarification by February 28, 2014 after the final and conclusive judgment on January 8, 2014.

Provided, That this contract shall be null and void if it has not been made clear during that period.

In addition to this problem, the lessor will compensate for the amount of damages if the lessor concludes another lease contract.

2. The terms and conditions of acquiring the current facilities and fixtures as they are, and the cost of collecting the facilities and fixtures shall be 20 million won.

(hereinafter omitted)

C. By February 28, 2014, the Defendant did not receive the instant building from the former lessee D until February 28, 2014. Until March 6, 2014, the Defendant removed internal facilities, fixtures, etc. and delivered the instant building.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 6 evidence, evidence of witness of the first instance court D, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, the instant lease agreement is effective when the said condition is fulfilled, on the condition that the Defendant would be ordered by D to order the instant building from D until February 28, 2014 (hereinafter “instant suspension condition”).