1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Defendant leased one floor among the commercial buildings D in permanent residence, and operated the F Lestop (hereinafter “instant store”).

B. Since October 2009, C, his wife, from around October 1, 2009, worked as an employee at the instant store. On December 15, 2009, the Defendant had the instant store borne tax and public charges for KRW 5,000,000 by monthly rent, and thereafter operated the said store from that time until February 22, 2010.

C. On May 10, 2010, C acquired the entirety of the instant stores and their facilities from the Defendant to KRW 120,000,000 for the premium ( facility cost) and concluded a lease agreement with the Defendant to pay KRW 30,000,00 for the said premium ( facility cost) and to pay KRW 90,000 for the remainder of KRW 8,00,000 for the facility improvement fund (including interest) each month until June 30, 2011. On the same day, C and the instant stores were leased KRW 20,00,000 for the building owner G and the instant stores, KRW 2,70,000 for the monthly rent, and the lease agreement was concluded from May 1, 201 to April 30, 2015.

On May 10, 2010, the Plaintiff completed the registration of the establishment of a neighboring mortgage (hereinafter referred to as the “registration of establishment of a neighboring mortgage”) against the real estate listed in the separate sheet owned by the Plaintiff (hereinafter referred to as “instant real estate”) on May 11, 2010, under the Daegu District Court’s Permanent Residential Registry No. 8348, May 11, 2010, as the maximum debt amount, KRW 90,000,000, the debtor, the Plaintiff, and the mortgagee as the Defendant.

E. After that, on October 21, 201, the Defendant entered into an agreement with C on the part of C to bear various taxes, public charges, etc. incurred while running the instant store business, and to transfer the facility to the Defendant instead of transferring the facility (hereinafter “instant agreement”).

【Unsatisfy-founded facts, Gap evidence 1, 2, and 1.