1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

1...

Basic Facts

On June 15, 2015, the Plaintiff, including the conclusion of a lease agreement between the Plaintiff and the Defendant, acquired ownership of the building of the second and the seventh floor located in Yeongdeungpo-gu Seoul Metropolitan Government D (hereinafter “instant building”).

On June 15, 2016, the Plaintiff entered into a lease agreement with F (the husband of Defendant B) on the whole of the first floor and the first floor of 1,243.07 square meters of the underground among the above buildings (hereinafter “the leased object of this case”) with Defendant B, with the term of lease from June 15, 2015 to September 15, 2016, the deposit amount of KRW 250,000,000,000 won, monthly rent of KRW 1,70,000 (excluding value-added tax) and management expenses and value-added tax of KRW 3,107,605 (excluding value-added tax) (hereinafter “instant lease agreement”).

Paragraph 2 of Article 2 of the Special Agreement on the Lease of this case provides that "The lessee shall, as a relation to the construction of the building after the expiration of the contract, order the lessee to order the store without any condition after the expiration of the contract, and the said contract shall be made a protocol of compromise prior to filing a lawsuit to secure this issue."

On the other hand, from July 25, 201, the Defendants operate a singing store in the name of “G” from the leased object of this case to that of “G”.

On January 15, 2016, the Plaintiff filed a future performance suit against Defendant B seeking delivery of the leased object following the termination of the instant lease agreement by Seoul Southern District Court 2016Kadan202569, and the said court dismissed the said suit on the ground that it is not deemed necessary to file a prior claim.

On January 19, 2017, the Plaintiff appealed from this Court No. 2016Na2049427, and exchanged the lawsuit to a simple performance claim. On January 19, 2017, the judgment ordering Defendant B to deliver the leased object of this case to the Plaintiff became final and conclusive as is.

On February 9, 2017, the Plaintiff enforced compulsory execution based on the above judgment as Seoul Southern District Court 2017No346.