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1.The judgment of the first instance shall be modified as follows:
The plaintiff (Counterclaim defendant)'s main claim is dismissed.
(b).
Reasons
1. Basic facts
A. On October 25, 2010, the Plaintiff leased the instant building owned by C and operated the Sports Center. From July 2011, the Plaintiff was served with content-certified mail containing a declaration of intention to terminate the lease contract with the Plaintiff on the ground that the Plaintiff delayed the payment of rent from July 201 to December 12, 2011 and delayed payment of rent from C.
B. Around July 2012, the Plaintiff entered into a contract with the Defendant under which the instant store, which is part of the instant building, was leased KRW 30,000,000 (the contract amounting to KRW 3 million, the intermediate payment of KRW 17,000,000,000,000,000 on August 4, 2012, and the balance of KRW 10,000,00,000,00 for the monthly rent (the payment for each opening of business), and the lease period from August 201 to November 2015 (hereinafter “instant sublease contract”).
C. According to the instant sub-lease contract, the Defendant paid only KRW 20 million in total the down payment and intermediate payment to the Plaintiff, and began driving range business around August 2012 after receiving delivery from the Plaintiff of the instant store.
C around December 20, 2012, on the ground that the lease contract with the Plaintiff was terminated due to the Plaintiff’s delinquency in rent, C filed a lawsuit against the Plaintiff, claiming the delivery of the building of this case, the return of the rent in arrears, and the unjust enrichment equivalent to the rent in arrears, on the ground that the Defendant did not have any title to possess the store of this case, and the Defendant filed a lawsuit seeking the payment of unjust enrichment equivalent to the rent of this case until the delivery and delivery of the store of this case is completed (hereinafter “the lawsuit claiming for the surrender of this case”), and the duplicate of the complaint was served on the Defendant on December 24, 2012, and the above court rendered a judgment that accepted all the claims against the Plaintiff and the Defendant on April 30, 2014, and the judgment became final and conclusive thereafter.
C In addition, around December 2012, the debtor is the plaintiff, the debtor.