1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

Basic Facts

On January 14, 2014, the Plaintiff and the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the co-defendant B (hereinafter “B”) of the first instance court, a lessee of the said gas station, with the name of the Plaintiff as the lessee of the instant gas station, on the lease deposit amounting to KRW 100 million, KRW 7 million per month, and KRW 13 million per month, and the lease term from February 3, 2014 to February 2, 2019. On February 3, 2014, the Plaintiff and the Plaintiff transferred the instant gas station to E, and upon the request of E, entered into the lease agreement (hereinafter “instant lease agreement”).

After a lease contract under the name of the Plaintiff and F, the Plaintiff entered into a lease contract under the name of the lessee of the pertinent gas station with E again on January 2014 (hereinafter “instant lease contract”). In this case, the lease deposit of the instant gas station maintained at KRW 100 million as before, but the term of lease was changed to KRW 5 million for five years from February 13, 2014, and KRW 500,000 (in addition to value-added tax, KRW 13,000 per month), separately from the rent, the Plaintiff additionally received KRW 2,00,000 per month from E, but did not issue a tax invoice for the instant money.

After that, E obtained a business registration certificate in the name of F, and started to operate the gas station of this case from February 2014.

On October 22, 2014, the Plaintiff and the Defendant’s name (hereinafter “instant third lease agreement”) newly concluded a lease agreement on the instant gas station between the Defendant and the lessee upon E’s request on October 22, 2014.

At this time, the Plaintiff and the Defendant set the lease deposit as KRW 100 million, the lease term from October 22, 2014 to February 2, 2019, and the rent as KRW 5 million (excluding value-added tax, and the 13th day of each month).