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1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.
2. After an appeal is filed.
Reasons
1. Basic facts
A. On February 11, 2016, the Plaintiff entered into a lease agreement with C for the instant real estate amounting to KRW 100 million, monthly rent of KRW 6 million, and the period from March 31, 2016 to March 30, 2026.
B. As of June 10, 2016, with respect to the instant real estate between the Plaintiff and the Defendant, a sublease contract was concluded between the Plaintiff and the Defendant with a deposit of KRW 10 million, monthly rent of KRW 7 million, and the period from June 1, 2016 to May 31, 2018 (hereinafter “instant sublease contract”).
C. On October 11, 2016, the Defendant completed business registration of a golf practice range (hereinafter “instant golf practice range”) with the name of the Defendant as “trade name: D: the date of business opening: the location of the place of business on July 18, 2016: the instant real estate” (hereinafter “instant golf practice range”).
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Eul evidence 14, the purport of the whole pleadings
2. The parties' assertion
A. Plaintiff 1) On February 2016, the Plaintiff’s primary claim is a H driving range operated with the Defendant (hereinafter “H driving range”).
(B) The instant real estate was leased at the Plaintiff’s own expense to operate the golf practice range independently, and the Defendant, having experience in operating the golf practice range, paid KRW 3 million monthly salary (management).
At the time, the Plaintiff, who had been operating another company, was the Defendant under the name of the business owner of the instant golf driving range for convenience, and in the future, the Defendant prepared the instant sub-lease contract as a countermeasure to prevent disputes, such as claiming the right to be created by the said contract, which is a type of a non-exclusive contract. Accordingly, the Defendant agreed with the Plaintiff to deliver the instant golf driving range to the Plaintiff upon the expiration of the contract term stipulated in the said sub-lease contract, or continue the entrusted operation through the extension of the contract.
On the other hand, a contract stipulated in the sub-lease contract of this case.