1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

1. Basic facts

A. On November 15, 2014, the Defendant, around November 15, 2014, leased to the Plaintiff the first floor store (hereinafter “instant store”) underground in the building located in Busan, Daegu, Busan, as the lease term of five years, the lease deposit of three million won, and the rent of three hundred thousand won per month (payment on the fiveth day of each month).

(hereinafter “instant lease agreement”). B.

On November 15, 2014, the Plaintiff paid 3 million won a lease deposit to the Defendant, and received the instant store by paying 700,000 won a premium to the former lessee, respectively.

C. The Plaintiff: (a) performed interior works, such as drawing, painting, and partition installation; (b) operated a restaurant with the trade name “D”; and (c) discontinued and temporarily suspended the business of the instant store from April 2015; and (d) when the Plaintiff returned to the instant store around May 2015, it was the difference between the floor and the height of water generation.

On August 3, 2015, the Plaintiff sent to the Defendant a certificate of content that the instant lease contract was terminated because the Defendant did not repair the instant store and the instant store was flooded. The said certificate reaches the Defendant around that time.

E. On the other hand, the Defendant filed a lawsuit against the Plaintiff on September 23, 2015 against the Plaintiff on the grounds that the Plaintiff did not pay the rent after April 5, 2015, for the reason that the instant lease contract was terminated on the grounds that the number of rent arrears for at least three years was at the Busan District Court Branch Branch of the Busan District Court 2015da1779, and sought the delivery of the instant store.

On April 27, 2016, the court of first instance sentenced the Defendant to deliver the instant store, and the Plaintiff applied for compulsory execution based on the original copy of the judgment of the court of first instance with executory power and received the delivery of the instant store on June 9, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 2 and 5 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The plaintiff operates the plaintiff restaurant.