1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. On September 2, 2013, the Plaintiff leased the first floor of the building located in Ulsan-gu, Ulsan-gu, Seoul (hereinafter “instant building”) owned by the Defendant as the lease term of 36 months, lease deposit of 20 million won, monthly rent of 1.2 million won (payment on January 2), and paid the Defendant the lease deposit of 20 million won (hereinafter “instant lease contract”).

B. On November 2014, the Plaintiff had expressed to the Defendant the intent to terminate the instant lease agreement and to succeed to the said agreement to the new lessee. On December 27, 2014, the Plaintiff arranged D intended to lease the instant building and the Defendant’s remainder.

C. On December 27, 2014, D agreed to lease the instant building by setting the lease term of two years from January 9, 2015, the lease deposit of KRW 20 million, and monthly rent of KRW 1.2 million from January 9, 2015, D remitted the lease deposit of KRW 2 million as the contract deposit to the Defendant’s account. In preparing the lease contract on January 9, 2015, D paid the remainder of KRW 18 million (=20 million) on the same day.

From September 2014, the Plaintiff did not pay monthly rent to the Defendant. On January 16, 2015, the Plaintiff left the instant building.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 6 evidence, 7-1, 2-2 evidence, witness D's testimony and the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff’s assertion 1) On December 27, 2014, on the premise that the Plaintiff agreed between D and the Defendant to conclude a new lease agreement on the instant building, the Plaintiff terminated the instant lease agreement between the Plaintiff and the Defendant, and decided to leave the instant building by January 16, 2015, and the instant lease agreement terminated upon the agreement between the Plaintiff and the Defendant. 2) Even if the agreement between the Plaintiff and the Defendant on domestic affairs is not acknowledged, the Defendant was against the Plaintiff’s will.