1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

1. Determination on the cause of the claim

A. 1) On May 31, 2012, the Plaintiff is a commercial building located in Jung-gu Seoul Metropolitan Government C (hereinafter “instant commercial building”).

The term of the D Management Body and the term of the contract, comprised of sectional owners, are determined from June 1, 2012 to May 31, 2014, and outsourced management and operation contract (hereinafter “instant outsourced management contract”).

From the time of the establishment of the store, the Plaintiff managed and operated the store in this case. (2) At that time, the period of the contract from the owners of the stores in this case from the 1st to 4th above ground among the commercial buildings in this case was set up on a yearly basis, and sub-divided the store on each floor. On December 1, 2012, the Plaintiff concluded a sub-lease contract (hereinafter “sub-lease contract in this case”) with the Defendant and the 4th above floor in this case (hereinafter “instant store”) with the 10,500,000, monthly rent of KRW 950,000 (the 10% of value-added tax is separate, and the 10% of the monthly rent is the last day of each month), and the sub-lease period from December 1, 2012 to November 30, 2013.

3) Around that time, the Defendant paid KRW 10,500,000 to the Plaintiff the instant sub-lease deposit, and possessed the instant store by receiving the delivery of the instant store until the closure of pleadings in the instant trial. [The fact that there is no dispute over the grounds for recognition, Gap evidence 2, Eul evidence 3-1, 2, Eul evidence 3-1, 2, 1, 8, and the purport of the entire pleadings.

B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the sum of KRW 12,540,000 (=1,045,000 (= value added tax of KRW 950,000 for monthly rent x 95,000) x 12 months) pursuant to the instant sub-lease agreement, barring any special circumstances.

2. Judgment on the defendant's assertion

A. From the beginning of 2013, the Defendant’s assertion on the grounds of uneasiness defense, the dispute over the right to manage and operate the instant commercial building has deepened between the Plaintiff and the D Management Body, and thus, the Defendant’s store continues to exist.