1. The part of the judgment of the court of first instance against the plaintiff, which orders delivery below, shall be revoked.

The defendant.

1. Basic facts

A. On August 28, 2015, the Defendant and C entered into a contract with D to lease the instant store from October 15, 2015 to October 14, 2017, setting the lease deposit of KRW 40 million, monthly rent of KRW 1.7 million (hereinafter “instant lease contract”). At that time, the Defendant and C entered into a contract with D to lease the instant store at KRW 1.7 million (hereinafter “instant lease contract”). At that time, the Plaintiff and C established E Co., Ltd (the representative: the instant building: the location of the Defendant, C, and the head office; hereinafter “instant company”), and completed the business registration in the name of the said company, and operated the restaurant at the instant store.

B. On May 4, 2016, the Plaintiff purchased the instant building from D and completed the registration of ownership transfer on May 11, 2016, and thereby succeeded to the lessor’s status of the instant lease agreement.

C. On February 2017, the Defendant dismissed C from the representative director of the instant company, and excluded C from the partnership relationship.

C Around May 23, 2017, in the instant lawsuit, on the ground that the relationship was destroyed by the Defendant, the Plaintiff notified the Plaintiff of the return of KRW 20 million paid out of the lease deposit amounting to KRW 40 million. On May 31, 2017, the Plaintiff returned KRW 20 million out of the deposit amount to C.

On August 18, 2017, the Plaintiff’s alteration of the lease contract and the termination clause of the joint lessee C to the Defendant.

Around August 30, 2017, the Defendant and the instant company requested the Plaintiff to renew the instant lease agreement on the grounds that the Plaintiff did not wish to renew the instant lease agreement on the grounds that the amount of KRW 20 million was returned, etc.

[Reasons for Recognition: Facts without dispute, Gap evidence Nos. 1, 2, 8, 9, 11, Eul evidence Nos. 3, 12, and 13, the purport of the whole pleadings]

2. The allegations and judgment of the parties

A. The Plaintiff wishes to renew the instant lease agreement to the Defendant on the ground that the Plaintiff altered the lease agreement and partially returned the lease deposit to the joint lessee C.