1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to that part is dismissed.

2...

1. Basic facts

A. On April 2, 2012, the Plaintiff is the council of occupants’ representatives of the instant apartment complex. Around April 2, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with D Co., Ltd. (hereinafter “Nonindicted Company”) on the part of 398.15 square meters in the ship connecting each point of the attached Form 5 attached to the instant apartment complex in sequence, (a), (b), (c), (f), (f), (g), (i), (g), (i), (k), (k), (l), and (a). The main contents thereof are as stated in the attached lease agreement.

B. Since then, according to the instant lease agreement, the non-party company paid a lease deposit to the Plaintiff, and operated a child care center (hereinafter “child care center of this case”) upon delivery of the building of the child care center of this case from the Plaintiff. At the time of entering into the instant lease agreement, the Defendant was working as the principal of the child care center of this case, and was to take over and operate the child care center of this case around December 1

C. On December 17, 2014, the Plaintiff decided to select the operator of the child-care center of this case through open competitive bidding by holding a council of occupants’ representatives on December 17, 2014 according to Daom. On December 19, 2014, each of the instant child-care center operators announced a public announcement for the selection of each of the child-care center operators on January 23, 2015, and on February 2, 2015, the Plaintiff selected Nonparty E who participated in the bidding on February 10, 2015 following two bidding procedures.

Meanwhile, the Defendant operated the instant childcare center until the closure of pleadings in the first instance trial. From March 1, 2015 to December 31, 2015, the Defendant paid 2080,000 won to the Plaintiff each month as the rent for the instant lease contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, 12 (including paper numbers), Eul evidence Nos. 22, 29, 35 (including paper numbers), the purport of the whole pleadings

2. Summary of the parties' arguments

A. The plaintiff's assertion (1) is about the plaintiff.