1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the above cancellation portion is dismissed.

3.

1. Basic facts

A. On July 2, 2014, the Plaintiff leased the old-si E-ground Commercial Building (hereinafter “instant building”) from C and D (hereinafter “Leases”) for KRW 30 million in lease deposit and KRW 3 million in rent, and around that time, paid the lessor the above lease deposit amount of KRW 30 million in lease deposit (hereinafter “lease deposit”) and operated the party design (hereinafter “the party design of this case”) in the instant building.

B. From March 2015, the Plaintiff was in arrears as to the instant building, and around August 2015, the rent in arrears was KRW 16.5 million in total.

C. On August 2015, the Plaintiff and the Defendant acquired the instant party funeral business from the Plaintiff, and as a result, made an oral agreement that the Plaintiff shall pay KRW 30 million to the Plaintiff, and KRW 16.5 million to the lessor in arrears, respectively (hereinafter “the instant oral agreement”). D.

On August 31, 2015, the Defendant and the lessor concluded a lease agreement with the lessor to lease the instant building by setting the lease deposit amount of KRW 30 million, monthly rent of KRW 3 million, and the lease term from September 1, 2015 to August 31, 2017.

E. On September 7, 2015, the Plaintiff reported the closure of the party hall of this case and delivered the instant building to the Defendant.

F. On September 7, 2015, the Plaintiff, the Defendant, and the lessor’s agents drafted a contract agreement with the following terms to treat the lease deposit and overdue rent of the instant building:

(hereinafter “this case’s agreement”). The new lessee’s overdue rent of KRW 16,50,00,000 remaining after deducting KRW 1.5 million paid out of KRW 18,000,000 for six-month overdue rent of the Plaintiff, who is the former lessee, from the Defendant’s charge, deposits to the lessor by September 14, 2015, and the return of the existing deposit of KRW 30,000,000,000, is agreed that the new lessee directly pays to the Plaintiff.

G. The Plaintiff filed against D among lessors around 2016.