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. The parties' assertion

A. Plaintiff 1) On March 21, 2011, the part 30 square meters below the ground of the building located in Ulsandong-gu, Ulsandong-gu, Seoul (hereinafter “instant building”) from the Defendant (hereinafter “instant building”).

) The lease deposit amount of KRW 20 million, monthly rent of KRW 400,000, and the lease term of KRW 24 months was set and leased (hereinafter “instant lease agreement”).

(2) Then, the Plaintiff operated a singing practice room with the trade name “D” in the instant building, and transferred the said singing practice room to E around December 201, including the right of lease against the Defendant, at KRW 53 million.

3. The defendant also consented to the above transfer of the right of lease, and even though the defendant agreed to return the deposit amount of KRW 20 million to the plaintiff at that time, the defendant is not obligated to pay the deposit amount of KRW 20 million and delay damages to the plaintiff.

B. On December 1, 201, the Plaintiff gathered at one location in the Plaintiff, the Defendant, E, and the Defendant’s wife F on December 1, 201 to transfer the right of lease to the Defendant, and the Defendant leased the instant building to E with a lease deposit of KRW 10 million, a monthly rent of KRW 500,000,000.

The Defendant received the lease deposit amounting to KRW 10 million from E on its face as a check, and paid to the Plaintiff all KRW 20 million in total, including KRW 20 million in cash, for the check, KRW 5 million deposited from F’s account.

2. The Plaintiff, on March 21, 201, leased the instant building from the Defendant with a lease deposit of KRW 20 million, monthly rent of KRW 400,000,000, and the lease term of KRW 24 months, and thereafter, the Plaintiff transferred the right to lease the instant building to E, and the Defendant’s consent thereto may be acknowledged by taking into account the following facts: (a) there is no dispute between the parties; (b) evidence Nos. 1, 3; (c) evidence Nos. 1, 2, and 5; and (d) the testimony of the witness E of the first instance trial.

However, the evidence No. 1, No. 5, No. 6-1, No. 6.