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. On May 1, 2014, the Plaintiff leased a lease deposit of KRW 20 million, monthly rent of KRW 1450,000,000, and the period from May 1, 2014 to December 12, 2014, with respect to the 131.7 square meters (hereinafter “instant store”).

B. On July 7, 2014, the Defendant: (a) succeeded to the tenant status of the instant store; (b) prepared a certificate of change of the name of the commercial building lease agreement; and (c) accordingly, the Plaintiff may terminate the instant lease agreement without the peremptory notice to the Defendant and file a petition for surrender; and (c) the Defendant agreed to reinstate all facilities after the removal thereof.

C. The Defendant did not pay monthly rent, etc. from August 2014 to December 2014. The Defendant’s monthly rent and management fees unpaid from August 2014 to December 2014 are KRW 8,918,152 in total (= KRW 1,676,278 in August 2014, KRW 1,81,901 in September 1, 2014, KRW 726,278 in October 1, 2014, KRW 73,097 in November 1, 2014, KRW 676,278 in December 278, KRW 294, KRW 320 in total).

The Plaintiff spent KRW 5,00,000 to remove the instant store’s house fixtures.

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

2. Determination

A. The lease contract of this case is terminated on the ground that the lease contract of this case is not less than 2 years in arrears on the grounds of the plaintiff's claim.

"A copy of the complaint of this case was lawfully terminated according to the arrival of the defendant, and the facts constituting the 1,450,000 monthly rent for the store of this case are as seen earlier, and the amount equivalent to the subsequent monthly rent shall be presumed to be the same unless there are special circumstances.

Therefore, the Defendant delivered the instant store to the Plaintiff upon the fulfillment of the duty to restore, and KRW 8,918,152, and the cost of removal is KRW 5,00,00,000.