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. Basic facts

A. On February 20, 2012, the Plaintiff and the Defendant concluded a lease agreement with the Plaintiff (hereinafter “instant lease agreement”) stating that “The Defendant’s entire 4th floor office (hereinafter “the instant commercial building”) among the commercial buildings located in Songpa-gu Seoul (hereinafter “instant commercial buildings”) shall be leased from February 20, 2012 to February 20, 2014; however, the lease deposit shall be KRW 20 million, and the monthly rent shall be KRW 1.3 million (hereinafter “instant lease agreement”).

On the same day, the Plaintiff paid KRW 20 million to the Defendant on the same day.

B. On February 27, 2012, the Plaintiff registered the establishment and operation of a private teaching institute in the instant commercial building under the name of “Dental Teaching Institutes” at the head of the Gangseo-gu Seoul Metropolitan Office of Education Office, and registered the establishment and operation of a private teaching institute to the head of the Songpa-gu District Tax Office on February 28, 2012.

C. The Plaintiff, who extended the term of the instant lease agreement, operated the Bolow Private Teaching Institute in the instant commercial building.

In February 2014, the Plaintiff and the Defendant agreed to extend the term of the instant lease agreement by two years and by February 2016.

On November 30, 2015, the Plaintiff and E entered into a contract for the acquisition or sale of franchise stores (hereinafter “instant contract for the transfer of rights”) with the content of “the Plaintiff’s transfer of all rights to the instant commercial building to E at least KRW 21.5 million” (hereinafter “instant contract for the transfer of rights”).

E. On December 28, 2015, the Defendant and E entered into a lease agreement with the new lessee, stating that “The Defendant leased the instant commercial building to E from December 28, 2015 to December 28, 2017, but the lease deposit is KRW 20 million, monthly rent is KRW 1.5 million (hereinafter “lease agreement with the new lessee of this case”).

F. On December 28, 2015, the Plaintiff paid KRW 10 million to the Defendant.