1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the above cancellation portion is dismissed.

3.

1. Facts of recognition;

A. On July 14, 2012, the Plaintiff: (a) from the Defendant on July 14, 2012, leased a 10 square meter of a D cafeteria (hereinafter “instant cafeteria”) among the buildings located in the Jeonbuk-gun, Jeonbuk-gun; and (b) paid KRW 500,000 out of the deposit to the Defendant at the time of the contract.

Article 5 of the Special Agreement provides that a lessee may remodel or alter the lease deposit with the approval of the lessor from August 12, 2012 to August 11, 2014 during the lease term of KRW 2 million (payment of KRW 500,000 won at the time of the contract, and the balance of KRW 1.5 million on August 15, 2012) from August 12, 2012 to the end of August 11, 2014, although Article 7 provides that the lessee shall restore the property to the original state at the expense of the lessee before the date of return of the real estate, he/she shall restore the property to the original state to the original state at the expense of the lessee, and if the lessee has entered into this contract, the down payment shall be null and void, and no claim for return shall be made.

B. On August 12, 2012, the Plaintiff received delivery from the Defendant and operated the instant restaurant, and paid KRW 200,000 to the Defendant the first rent.

C. The Defendant filed a lawsuit against the Plaintiff seeking “the delivery of the instant restaurant and the payment of KRW 1 million out of the unpaid rent of the Plaintiff,” on the premise that the instant lease agreement was terminated by Jeonju District Court Branch Branching 2013da1465.

The above court rendered a judgment in favor of the defendant in full (hereinafter “pre-trial judgment”) by a judgment on deemed confession pursuant to Article 208(3)2 of the Civil Procedure Act, and the above judgment became final and conclusive at that time because the plaintiff did not appeal against this judgment.

On January 3, 2014, the Defendant filed for compulsory execution based on the preceding final judgment, and received delivery of the instant restaurant from the Plaintiff as the Southern District Court Branch Branch of the Jeonju District Court 2013No375.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 through 6 (including all of the numbers; hereinafter the same shall apply) and all of the arguments.