1. Revocation of the judgment of the first instance, and the plaintiff's claim is dismissed.

2. The Seoul Central District Court is the same court.

Basic Facts

On January 1, 2007, the Defendant entered into a lease agreement with regard to the indication of the attached drawings in the D 2nd floor E in Dongdaemun-gu Seoul and the D 2nd floor E (hereinafter “instant store”).

On January 1, 2008, the Defendant entered into a specialized store operation contract with respect to the instant store B in accordance with the method set by the Defendant, and finally set the contract period from January 1, 201 to December 31, 201 through a renewal contract each year.

On December 31, 2012, the Defendant notified B that the instant store should be restored to its original state by January 7, 2013, on the ground that the contract term for the instant store expires.

Notwithstanding the above notification, as the Defendant did not deliver the instant store, the Defendant filed an application against B for the temporary injunction against the possession transfer of the instant store, and received the Seoul Central District Court Decision 2013Kadan4996, May 23, 2013 (hereinafter “instant provisional injunction order”).

On June 4, 2013, the enforcement officer of the Seoul Northern District Court completed the execution of the instant provisional disposition on the instant store by attaching a notice stating the contents of the instant provisional disposition decision under the status of F’s participation as the employees of B in accordance with the instant provisional disposition order.

(hereinafter “instant provisional disposition execution”). The Defendant filed a lawsuit against B against the Seoul Central District Court No. 2013Kadan169047 against the instant store.

On March 5, 2014, the above court rendered a judgment with a declaration of provisional execution that “B shall deliver the instant store to the Plaintiff, pay the Plaintiff the amount calculated by the rate of 20% per annum from March 6, 2014 to the date of complete payment, and shall pay the amount calculated by the rate of 135,324 won per annum from November 1, 2013 to the date of complete delivery of the instant store.”

hereinafter referred to as 'the relation of this case'.