1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

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1. Basic facts

A. In around 2002, the Plaintiff commenced the automobile repair business with the trade name of “D” by leasing the land and the third floor building on the attached list from C. From around 2005, the Plaintiff began to operate the Deputy Secretary in the part of the claim in the land in the attached list with the automobile repair business.

B. Upon obtaining the consent of C around November 2012, the Plaintiff sub-leaseed the instant detailed site to the Defendant at KRW 100,000,000, monthly rent, and KRW 2,000,000.

(hereinafter “The sub-lease contract of this case.” The Defendant operated the sub-lease of this case from around that time, and paid the Plaintiff the settlement amount calculated by deducting the monthly rent from the Plaintiff, after making the profit to be deposited into the Plaintiff’s account, the nominal holder of the permission for the sub-lease of this case.

C. However, around November 2, 2012, the Defendant paid only KRW 30,000,000 among the instant sublease deposit to the Plaintiff, and did not pay the remainder of KRW 70,000 to the Plaintiff.

The plaintiff asked the defendant to pay the above 70,000,000 won of the deposit for sublease which is not paid to the defendant, but the defendant did not comply with this.

On June 2014, the Plaintiff notified the Defendant that the instant sub-lease contract was terminated on the ground that the sub-lease deposit was not paid. On July 2, 2014, the Plaintiff filed the instant lawsuit and notified the Defendant that the instant sub-lease contract was terminated on the grounds that the deposit was not paid through the complaint.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 9 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the sub-lease contract of this case was lawfully terminated due to the Defendant’s failure to pay the deposit, and the Defendant is obligated to deliver the land to the Plaintiff, barring special circumstances.

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