1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. The Plaintiff is a manager entrusted by Seoul Special Metropolitan City with the management and operation of the underground shopping mall (hereinafter “instant shopping mall”) including real estate listed in the separate sheet (hereinafter “instant store”) in accordance with the provisions of the Ordinance on the Management of underground shopping malls in the Seoul Special Metropolitan City.

B. On February 25, 2010, the Plaintiff entered into an agreement (hereinafter “instant agreement”) with the merchants’ association of Zone Two (2) of Underpasses and shopping district (hereinafter “Merchants’ association”) on the entrustment of management and operation rights, including the right to enter into a lease agreement with respect to the stores in the instant shopping district, for ten (10) years from February 25, 2010 to February 24, 2020, and entered into a public property loan agreement with respect to the instant shopping district (hereinafter “instant loan agreement”).

C. On February 10, 2011, the Plaintiff, merchants’ association, and C (hereinafter “ shopping mall company”) agreed to succeed to the status of the merchant conference under the instant agreement and the instant loan agreement by the shopping mall company.

On July 25, 2012, the shopping mall company entered into a lease agreement with the Defendant (hereinafter “instant lease agreement”) between June 25, 2012 to March 26, 2013, setting the rental deposit amounting to KRW 3,871,190, total rental fee amounting to KRW 10,694,380 (hereinafter “instant lease agreement”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 12, the purport of the whole pleadings

2. The plaintiff's cause of claim and judgment

A. The Plaintiff’s cause of claim is that the lessee is entitled to cancel the lease contract when the lessee violated the duty of prohibition of sub-lease pursuant to the provisions of the Seoul Special Metropolitan City Ordinance on the Management of Underpasses shopping Districts. Since the shopping mall company failed to pay the lease fee under the instant loan agreement and the instant loan agreement was terminated on the ground of this, the Plaintiff’s right to directly lease and manage the instant shopping mall including the