1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. On July 29, 2013, the Plaintiff, as the owner of the building of 8th floor above the Songpa-gu Seoul Metropolitan Government ground, leased approximately KRW 26,00,000,000 to the Defendant for deposit KRW 85 million, monthly rent of KRW 2.6 million, and the term of lease from August 1, 2013 to July 31, 2014.

B. On November 29, 2013, the Plaintiff leased approximately 26 square meters to D, among two stores of the first floor of the building in question, by setting the deposit of KRW 85 million, monthly rent of KRW 2.3 million, and the term of the lease from December 1, 2013 to November 30, 2014.

C. On June 24, 2014, the Plaintiff agreed to lease the whole first floor of the building to E with a deposit of KRW 200 million, monthly rent of KRW 6 million, and the lease period from December 20, 2014 to December 19, 2016, the Plaintiff received down payment of KRW 20 million on the day, and the remainder of deposit shall be received on December 20, 2014, taking into account that the said first floor is being leased to the Defendant and D at the time, the delivery date of the deposit shall be the delivery date, and the delivery date shall not exceed June 30, 2015 at the latest.

Around June 2014, the Plaintiff notified the Defendant that the above lease contract will not be renewed, but thereafter, the Defendant decided to extend the lease term at the Defendant’s request, thereby delivering the above store to the Plaintiff by November 30, 2014.

E. On November 30, 2014, the expiration date of the above contract term, D delivered the leased store to the Plaintiff, but the Defendant delivered the leased store to the Plaintiff on May 27, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, Gap evidence No. 5-1, 2, Gap evidence No. 6, and Gap evidence No. 11-1, the purport of the whole arguments and arguments

2. Assertion and determination

A. The Plaintiff’s assertion that the Defendant violated the Plaintiff’s duty to return the store by November 30, 2014, and continued possession of the store, thereby preventing the Plaintiff from receiving rent that the Plaintiff could have leased the entire store on the first floor to E.

Therefore, the defendant.