1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Facts of recognition;

A. On January 3, 2014, the Defendant entered into a contract with the lessee on the lease deposit amounting to KRW 70 million, monthly rent of KRW 3,000,000,000 with respect to the full real estate of KRW 105,05,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

B. On January 3, 2014, the Plaintiff entered into a contract with the Defendant to acquire the right of real estate leased at KRW 18 million for the latter part of about 12 square meters of the restaurant area at the later part of the 105 commercial building in this case, and entered into the said contract into a special agreement with the Plaintiff as follows: “The contract in the present facility status is the status of the issuance and signing of the building ledger related to the plural floor and the management of the sub-story under the responsibility of the transferee.”

On the other hand, the Defendant transferred the premium of KRW 18 million paid from the Plaintiff to E, a lessee, as a premium for restaurant facilities.

C. The instant shopping mall 105 is divided into 41.34 square meters in the size of Class 1 neighborhood living facilities (retail stores) and 18 square meters in the size of Class 2 neighborhood living facilities (real estate brokerage offices) on the building ledger. The retail store part was used as a restaurant and was illegally constructed.

On January 7, 2014, the Plaintiff entered into a sublease contract between the Defendant and the 105 commercial building of this case with a size of 41.34 square meters (hereinafter “sub-lease building of this case”) in the latter part of the 105 commercial building of this case, which stipulates a sublease deposit of KRW 30 million, monthly rent of KRW 1.2 million (excluding value-added tax), and the sublease period from February 3, 2014 to February 3, 2016 (hereinafter “sub-lease contract of this case”). At that time, the Plaintiff occupied and used the sub-lease building of this case after delivery.

E. At the time of concluding the said sub-lease contract.