1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

1. Basic facts

A. 1) The Defendant entered into a lease contract and sub-lease contract on May 31, 2010 (hereinafter “E”)

From the point of view, the part on the first floor and the underground floor (hereinafter “instant commercial building”) of sales facilities of the second floor of reinforced concrete building and the second floor of sales facilities in Seongbuk-gu, Seongbuk-si, Sungnam-si (hereinafter “instant commercial building”).

) The lease deposit amount was KRW 50 million, monthly rent of KRW 5 million, and the lease term was fixed from June 1, 201 to May 31, 201 (hereinafter “instant lease agreement”).

(B) The lease contract concluded between the Defendant and E at the time includes the following: “The Defendant uses the instant commercial building for the purpose of a household store, and the Defendant is unable to sublease or move all or part of the instant commercial building to a third party without the consent of E, and the Defendant may cancel the lease contract if the Defendant violated this provision by setting a certain period and giving notice of deferment, but is not improved.” (B) After which the Defendant, around February 1, 201, around 500 of the instant commercial building to D (hereinafter “the instant sub-lease”).

A) A sub-lease agreement with the Defendant, from June 1, 201, to May 31, 201 at the time of the re-contract with the lessor of the instant commercial building and to extend the contract on a yearly basis (hereinafter “sub-lease agreement of this case”) to KRW 20 million, monthly rent of KRW 25 million, and the term of lease from June 1, 201 (hereinafter “the instant sub-lease agreement”).

(B) Upon entering into a lease deposit, D paid the Defendant the sum of KRW 60 million, which is KRW 20 million on February 1, 201, and KRW 30 million on February 11, 201, and KRW 10 million on August 30, 201. (B) The Defendant delivered the instant sub-lease portion to D on February 1, 201, and D established C for the purpose of Smarket business on April 25, 201, after completing business registration on April 26, 201, and completing the construction of the instant sub-lease portion, and thereafter completing the construction of the instant sub-lease portion, “GME” from that time.