1. The defendant shall be the plaintiff.

A. The 129.58 square meters of cement and coagulations on the C ground in Gangnam-si and jugushea, and 9.9 square meters of jugushes.

1. Basic facts

A. A. Around July 2004, the Plaintiff entered into a lease agreement with Nonparty D, who had a business relationship with the Defendant, to lease deposit money of KRW 1,000,000, annual rent of KRW 130,000, annual rent of KRW 1.3 million from July 2004 to December 2008, Gangnam-si land C and above ground wood cement and 129.58 square meters of the sappores, and 9.9 square meters of the sappores, respectively (hereinafter “each of the instant real estate”).

B. The defendant and the non-party D repair the above house, created a marina, and thereafter run restaurant business in each of the instant real estate, and the non-party D withdrawn from the above partnership, and the defendant independently operated restaurant business in each of the instant real estate.

[In the absence of dispute, Gap 3's evidence, witness E's testimony, purport of whole pleading]

2. Summary of the parties' arguments;

A. On February 1, 2009, the Plaintiff leased each of the instant real estate to the Defendant with a deposit of KRW 10 million and KRW 1 million per month, without fixing the period, and the Defendant delayed to pay two or more vehicles. Therefore, the Plaintiff asserts that the said lease contract was terminated on this ground, and that the Defendant sought payment of KRW 48,40,000,00 in total, from February 1, 2009 to July 31, 2014, of KRW 129.58 square meters and 129.58 square meters of the house and jungu, Gangwon-si, Gangnam-si, for the Defendant.

B. As to this, the Defendant unilaterally demanded the Defendant a deposit of KRW 10 million and KRW 1 million per month on or around 2009, and did not conclude a lease agreement with the Plaintiff as alleged by the Plaintiff. Even if the lease agreement was terminated, the Defendant did not accept the Plaintiff’s claim before receiving reimbursement of the necessary and beneficial expenses incurred by the Defendant.

3. Determination

A. First, as to whether the lease contract between the Plaintiff and the Defendant was concluded between the Plaintiff and the Defendant, each description of the evidence A2 and 6, and the witness F’s testimony.