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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On May 2, 2016, the Defendant: (a) around June 2, 2016, leased the instant building (hereinafter “instant building”) and operated a entertainment room in the name of “D” with the term of lease up to June 2, 2018.
B. On May 18, 2017, the Plaintiff entered into a premium agreement with the Defendant to transfer all of the rights to the above entertainment room, and 50 of the machinery 70 units and equipment, for a premium of KRW 70 million (hereinafter “the instant premium agreement”), and paid KRW 7 million to the Defendant on the same day as the down payment.
C. After that, the Plaintiff and the Defendant proposed that E, the owner of the instant building, enter into a new lease agreement with the Plaintiff, but, upon refusing to enter into a new lease agreement with the Plaintiff, they could allow the Plaintiff to engage in the instant building only for one year of the remainder of the lease term of the Defendant.
Accordingly, on May 31, 2017, the Plaintiff sent to the Defendant a certificate of content that “as the owner of the instant building refused to conclude a lease agreement with the Plaintiff, he/she sought the return of the down payment paid according to the premium contract.” The Defendant received the above certificate of content around that time.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 4 (including paper numbers), the purport of the whole pleadings
2. We examine the determination as to the cause of the claim, the evidence as seen earlier, the evidence as indicated in the above facts, Gap evidence Nos. 5 and 6, and Eul evidence Nos. 1 and the whole purport of the pleadings, namely, circumstances, i.e., the lessee is unable to transfer the right of lease or sub-lease the leased object without the consent of the lessor during the lease period (Article 629(1) of the Civil Act). Thus, the plaintiff can conduct business in the instant building with the consent of the plaintiff, ② the plaintiff and the defendant proposed to conclude a new lease contract with the plaintiff after the premium contract of this case. ③ The defendant is the F of September 7, 2017.