1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. On July 10, 2014, the Plaintiff concluded the following lease agreements with respect to the 2 and 3-story stores of the building on the land (hereinafter “instant building”) owned by the Defendant, Ulsan-gu, Ulsan-gu (hereinafter “instant building”).

(hereinafter “The instant lease agreement”: Provided, That the lease agreement has been written by dividing the two floors of the instant building into KRW 30 million, and KRW 20 million as the lease deposit for the third floor of the instant building. - The Defendant shall lease the instant store to the Plaintiff by setting the lease deposit amount of KRW 50 million, monthly rent of KRW 50 million (excluding value-added tax), and the lease period of KRW 50 million from July 20, 2014.

- Of the lease deposit, the down payment of KRW 30 million shall be paid in KRW 10 million on the date of the instant lease contract, the intermediate payment of KRW 10 million on August 20, 2014, and the remainder of KRW 10 million on September 20, 2014, respectively.

- The lessor shall reimburse twice the down payment, and the lessee may waive the down payment and rescind this contract.

B. At the time of the instant lease agreement, the Plaintiff paid the Defendant KRW 35 million in total as the down payment (hereinafter “instant down payment”) and KRW 5,500,000 in advance, including value added tax for the period from July 20, 2014 to July 20, 2014 (hereinafter “instant pre-paid rent”).

C. After entering into the instant lease agreement, the Plaintiff prepared for the instant store’s business, and returned the key to the entrance door of the instant store to a licensed real estate agent who arranged for the instant lease agreement on July 25, 2014.

On October 15, 2014, the Defendant entered into a lease agreement with D and the store of this case, “50 million won for lease deposit, and 6 million won for monthly rent (value-added tax separate).”

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Eul evidence 6 and 8, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1 pertains to the Defendant on July 17, 2014.