1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Facts of recognition;

A. On February 27, 2010, G leased (i) No. 208 of the second floor of the building E in Gyeyang-gu C and D (hereinafter “instant store”) from C in Gyeyang-gu, Gyeyang-gu, 2010 to March 14, 2012, with the lease deposit of KRW 30 million, monthly rent of KRW 1.2 million, and the lease period of March 15, 2010 to KRW 1.

B. On December 16, 2010, FF purchased the instant store from Ehyhn Co., Ltd. and completed the registration of transfer of ownership, the same content of the lease agreement between F and G was newly prepared, and on November 22, 2011, the same content of the lease agreement was newly prepared by adding the Plaintiff to lessee.

C. After the above lease term expires, the Plaintiff leased the instant store from F by setting the lease deposit amount of KRW 30 million, KRW 1.4 million per month, and the lease term from March 12, 2012 to March 12, 2014. The said lease term was renewed by the period of KRW 1.6 million per month, and the lease term was extended by March 31, 2016.

On January 14, 2015, after the Defendant purchased the instant store from F and completed the registration of transfer of ownership, the Plaintiff and the Defendant newly drafted a lease agreement between the Defendant and the Plaintiff, setting the instant store from the Defendant as KRW 30 million, KRW 1.6 million per month, and KRW 1.6 million per month from March 31, 2014 to March 31, 2016. Article 5 of the lease agreement provides that “If the lease contract is terminated, the lessee shall restore the said real estate to its original state and return it to the lessor.”

E. On March 30, 2016, G and the Plaintiff used the instant store as a skin management room, and the Plaintiff removed the walls and partitions installed by G and returned the instant store to the Defendant.

F. After that, the Plaintiff demanded the Defendant to return the lease deposit, and the Defendant paid KRW 25 million out of the lease deposit to the Plaintiff.

[Ground of recognition] There is no dispute.