1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 1, 2009, the Plaintiff leased the first and second floors on the ground D in Geumcheon-gu Seoul Metropolitan Government (hereinafter “instant store”) that C obtained permission for temporary building from the Defendant, with the lease deposit of KRW 70 million, monthly rent of KRW 350,000,000, and the lease term of KRW 2 years from April 10, 2009.

(hereinafter “Lease of this case”). (b)

On January 8, 2010, the Plaintiff and the Defendant: (a) set monthly rent of KRW 2 million in the instant lease agreement; (b) received monthly rent of KRW 30 million in advance for 30 months; (c) returned the balance if not operated; and (d) authenticated by attaching the proviso to receive a return of the balance in the monthly rent of KRW 3.5 million to a third party at the time of sale.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion that the Defendant continued to pay the Plaintiff the rent from February 2, 2012, which was the month following the advance payment of the rent, in accordance with the terms and conditions of the instant lease agreement, and as such, the Defendant is obligated to pay the Plaintiff the unpaid lease deposit amount of KRW 70 million and the unpaid rent of KRW 80 million up to May 2015 (2 million x 40 months) plus the unpaid rent of KRW 150 million.

B. According to the records in Gap evidence No. 3, on January 8, 2010, the defendant was found to have remitted KRW 50 million to the plaintiff on January 8, 2010, but on the other hand, considering the overall purport of the arguments in the items in Eul evidence No. 1 through No. 15, the defendant entered into a merchant agreement with Paris Croas and operated Paris E on February 27, 2009 and entered into a merchant agreement with the plaintiff around October 29, 2010, and entered into a sales contract with the plaintiff and the store in this case to purchase KRW 100 million for the purchase price (hereinafter "the sales contract in this case"). The above sales price is rent in accordance with the terms and conditions of the lease contract in this case in advance.