1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff, on September 20, 2014, entered into a real estate lease agreement (hereinafter “instant lease agreement”) with the Plaintiff and the Defendant on September 20, 2014, stating that the instant factory is leased by setting the deposit amount of KRW 30 million, monthly rent of KRW 4.4 million (including value-added tax), and the lease period of KRW 4.4 million from October 20, 2014 to October 20, 2016 (hereinafter “instant lease agreement”).

B. At the time of the formation of the instant lease agreement, the Defendant did not enter the name of the Defendant and C, the Defendant’s mother, affixed a seal to the said contract.

C. On December 2014 and January 2015, the Defendant did not pay the rent, and on February 5, 2015, the Plaintiff sent to the Defendant a content-certified mail stating that the lease contract is terminated on the grounds of two or more years of pregnancy. The content-certified mail sent to the Defendant around that time.

The Plaintiff filed a lawsuit against the Defendant seeking the delivery of the instant factory as Busan District Court Decision 2015Kadan1991, asserting that the lease contract entered into with the Defendant was terminated, and the said court rendered a judgment in full favor of the Plaintiff, on July 21, 2015, that “The lease contract between the Plaintiff and the Defendant was lawfully terminated on February 5, 2015, the Defendant is obliged to receive the remainder of money calculated by deducting the amount calculated by the rate of KRW 30 million from the deposit amount of KRW 30 million to KRW 4.4 million from March 20, 2015 to the completion date of delivery of the instant factory, and simultaneously deliver the instant factory to the Plaintiff.”

(hereinafter referred to as “the judgment in a prior suit”). C in the foregoing case, the Defendant was represented by a litigation agent.

E. On February 16, 2016, the enforcement officer affiliated with Busan District Court rendered a judgment on the previous suit as the enforcement officer, which executed the real estate delivery execution (2015No699) on the instant factory, and delivered the instant factory to the Plaintiff.

At the time of execution of the extradition.