1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On November 28, 2016, the Plaintiff leased the first floor area of the building located in F of the Busan Seo-gu, Busan (hereinafter “instant real estate”) from E, by setting the lease deposit amount of KRW 35 million, monthly rent of KRW 110,000,000, monthly rent of KRW 1100,000, and the lease term of November 27, 2019.

(hereinafter “instant lease agreement”). B.

The Plaintiff operated a restaurant in the instant real estate, and decided to transfer the said restaurant to G around November 2017, and requested E to terminate the instant lease agreement and conclude a new lease agreement with G.

C. In order to terminate the instant lease agreement, the Plaintiff and E agreed to deduct KRW 5,280,000,000 under the instant lease agreement from KRW 35 million to KRW 20% of the monthly rent of 24 months (hereinafter “the instant mutual aid agreement”); and on November 3, 2017, E returned KRW 29,720,000 remaining after deducting the said KRW 5,280,000 from the deposit.

E died on January 13, 2018, and the Defendants, their spouses and children, succeeded to E’s property.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 4, Eul evidence 5-2, the contents of recording and the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) Since the termination of the instant lease agreement, E, a lessor, does not return KRW 5,280,000 to the Plaintiff, a lessee. Therefore, the Defendants, the heir of E, are obligated to pay the said money to the Plaintiff. (ii) The Plaintiff consented to the instant mutual aid agreement without any choice but without any choice to do so by E’s coercion. Therefore, the Defendants cannot assert the validity of the instant mutual aid agreement to the Plaintiff.

B. The Defendants E paid only the remainder of the deposit after deducting KRW 5,280,000 from the deposit to the Plaintiff is governed by the instant mutual aid agreement between E and the Plaintiff. Therefore, the Plaintiff shall pay the said amount to the Defendants.