1. Of the judgment of the first instance, the part against the plaintiff corresponding to the amount ordered to be paid under the following paragraph (2) shall be revoked.

2...

1. Facts of recognition;

A. In around 208, the Plaintiff: (a) leased real estate listed in the separate sheet (hereinafter “instant commercial building”) from C Co., Ltd; and (b) operated a coffee specialty with the trade name “E”; (c) concluded a lease agreement with the Defendant, who purchased the instant commercial building on November 30, 2012, as to the instant commercial building, until November 30, 2015; (d) lease deposit amount of KRW 72 million; and (e) monthly rent of KRW 220,000 (including value-added tax).

B. On July 13, 2016, the Defendant filed a lawsuit against the Plaintiff seeking delivery of the instant commercial building upon the expiration of the lease term (Seoul Southern District Court 2015Da246166), and the court rendered a judgment that “the Plaintiff shall deliver the instant commercial building to the Defendant upon the arrival of November 30, 2016,” on the ground that the lease contract between the Plaintiff and the Defendant was implicitly renewed and the lease term was extended by November 30, 2016.” The above judgment became final and conclusive around that time.

C. On October 2016, the Defendant stated to the Plaintiff that “I would not rent the instant commercial building any longer and allow us to use it as a coffee store.”

On October 17, 2016, the Plaintiff sent to the Defendant a document evidencing that “if the Plaintiff requested to enter into a lease agreement with a new lessee arranged by the Plaintiff, and if the Plaintiff did not enter into a lease agreement with a new lessee arranged by the Plaintiff and he plans to operate a coffee store directly, the Plaintiff will clarify his intention. If the Plaintiff did not give any reply by October 20, 2016, the Plaintiff would arrange for a new lessee to the Defendant.”

On October 21, 2016, the Defendant sent to the Plaintiff a written answer to the effect that “the Defendant is a plan to directly use the instant commercial building after being transferred from the Plaintiff.”

The plaintiff receives premium of KRW 60 million through a business start-up consulting company and will be a new lessee.