1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On September 28, 2013, the Plaintiff and the Defendant, the husband of C, agreed to rent part of the portion of the first floor of the Suwon-si D-based Commercial Building (hereinafter “instant store”) owned by C (hereinafter “instant store”), KRW 10 million, monthly rent of KRW 700,000,000, and the lease period of KRW 10,000,000,000 from November 1, 2013 to be two years (hereinafter “instant lease contract”), and immediately paid KRW 3,00,000,000 out of the lease deposit as the down payment, and thereafter, the remainder of KRW 7,00,000,000,000, out of the lease deposit, was paid until October 31, 2013, and the lease contract was made on November 1, 2013.

B. Around October 15, 2013, the Defendant allowed the Plaintiff to construct the interior interior decoration of the instant store prior to the payment of the remainder. Accordingly, the Plaintiff, who received the key from the Defendant, had the teliminator build the interior interior interior interior interior interior decoration to use the said store as a mobile phone sales store.

C. The Plaintiff did not pay KRW 7 million in balance of the lease deposit until October 31, 2013.

On the other hand, on March 12, 2014, C filed a lawsuit against the Plaintiff on the grounds that the lease contract of this case was terminated by Suwon District Court 2014Da15244, and filed a favorable judgment on November 27, 2014 (hereinafter “the instant lawsuit”), claiming the delivery and rent of the instant store, or the claim for the payment of unjust enrichment equivalent to rent, as the lessor of the instant store (hereinafter “the instant lawsuit”). On the other hand, C filed an appeal by the Plaintiff (the Defendant in the instant lawsuit), and the said case is pending in the appellate trial.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 9, 11, 19, 20, 22, Eul evidence Nos. 2 through 4, 6, 7 (including each number, if any) and the purport of the whole pleadings

2. Judgment on the parties’ assertion

A. The summary of the parties’ assertion 1 is that the Plaintiff permitted the Plaintiff to construct the interior of the instant store prior to the payment date of the remainder, and thus, the Plaintiff is obliged to accept it.