1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. On August 29, 2013, the Plaintiff leased 1,147.25 square meters (hereinafter “instant building”) to the Defendant as the head of Suwon Probation Office B (hereinafter “B Probation Office”) affiliated with the Ministry of Justice, the sum of the area of the 1st floor, 249.79 square meters, 2nd floor 445.93 square meters, 3rd floor 451.53 square meters, among D buildings owned by the Plaintiff.

B. The main contents of the above lease agreement (hereinafter “instant lease agreement”) are as follows.

Article 1(3) Before the Defendant moves into a building ledger, the Plaintiff must change the purpose of the use from the “living facility” to the “business facility.”

Article 2

1. The term of contract shall be four years from September 1, 2013 to August 31, 2017;

2. The defendant shall deposit KRW 100 million as security deposit with the plaintiff during the entire contract period.

3. The defendant shall pay the rent and management expenses to the plaintiff in advance on the first day of each month during the contract period as follows:

(Separate Value-Added Tax). ① From September 1, 2013 to August 31, 2015, the monthly rent of KRW 27 million, monthly management expenses of KRW 10 million, and ② From September 1, 2015 to August 31, 2017: the monthly rent of KRW 31.5 million, monthly management expenses of KRW 14.4 million and monthly management expenses of KRW 14.4 million.

4. Deposit KRW 100 million shall be paid until September 23, 2013.

C. On September 2, 2013, the Plaintiff changed the use on the building ledger of the first and second floor among the instant buildings to business facilities (offices). On September 4, 2013, the Defendant moved into the instant building on the new wall and commenced the work of the B Probation Office. From September 5, 2013, residents opposing the transfer of B Probation Office led to the assembly and demonstration by residents.

The Defendant paid only the rent and management expenses to the Plaintiff on September 3, 2013 and October 2013, and did not pay the deposit stipulated in the instant lease agreement. On October 29, 2013, the instant lease agreement was concluded as of October 31, 2013 on the ground that “it is impossible to perform duties in the instant building due to the local residents’ opposing assemblies and heavy civil petitions, and nonperformance of obligations to change the use of the third floor among the instant building.”