1.The judgment of the first instance shall be modified as follows:

The defendant shall receive KRW 16,150,000 from the plaintiff.

1. Basic facts

A. The Plaintiff entered into a real estate lease agreement with the Defendant regarding the instant real estate as follows.

The defendant paid 40,000,000 won to the plaintiff, and received the delivery of the real estate of this case and operated a restaurant on the first floor, and the fourth floor was used as a residence.

1th floor: On August 10, 2012 on the date of concluding a contract, KRW 20,000,000 on a lease deposit, KRW 400,00 on a monthly rent (pre-payment period): Two years and four years on September 10, 2012 on the date of concluding a contract; KRW 20,000 on a lease deposit, KRW 20,000 on a rent, KRW 30,000 on a rent (pre-payment period), and two years on a lease period.

B. As of October 30, 2014, the Plaintiff sent to the Defendant a content-certified mail demanding delivery of the instant real estate by November 15, 2014, and filed the instant lawsuit as of November 26, 2014.

C. On June 16, 2015, the Plaintiff received a favorable judgment from the first instance court in favor of the Plaintiff by public notice, and the first instance court’s judgment with the declaration of provisional execution as the title of execution is a compulsory execution to deliver the instant real estate, and on the same day, occupied the instant real estate by delivery from the enforcement officer.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2, 3, 13 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment on the main defense of this case

A. Even after the filing of the instant lawsuit, the Plaintiff discovered a restaurant operated by the Defendant on the first floor of the instant real estate, and knew that the Defendant and the Defendant’s mother filed the lawsuit. However, the Defendant intentionally avoided the delivery of documents related to the instant lawsuit, knowing that the instant lawsuit was filed.

This is not a case where the defendant is unable to observe the period of appeal due to a cause not attributable to him, and the defendant's subsequent appeal filed after the period of appeal expires is unlawful.

B. Determination is based on the fact that the Defendant had an address on resident registration in Gunsan-si C from July 1, 2013, and the duplicate of the instant complaint is the first floor of the instant real estate on December 11, 2014, and on December 12, 15.