1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On December 4, 2015, the Plaintiff: (a) determined the lease period for the instant store owned by the Plaintiff to the Defendant from December 4, 2015 to December 3, 2016; (b) KRW 20,000,000 for lease deposit; and (c) KRW 22,220,000 for rent monthly (including value-added tax) (hereinafter “instant lease agreement”).

B. According to the instant lease agreement, where the Defendant transfers the right of lease to the instant store without the Plaintiff’s consent, the Plaintiff may terminate the said lease agreement immediately.

(Articles 3, 5). (c)

On June 16, 2016, the Defendant transferred the right to lease of the instant store to C in KRW 300 million. On June 29, 2016, the Defendant set the said store from C to June 8, 2016, respectively, as the period from June 30, 2016 to June 30, 2016, to KRW 50 million, and KRW 400,000 per rent (excluding value-added tax).

The Plaintiff leased the instant store to C around June 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion ① the Defendant consented to the transfer of the right of lease to the Plaintiff of the instant store to C. The Plaintiff consented thereto on the condition that the Plaintiff shall pay KRW 30 million out of the transfer price to the Plaintiff.

Nevertheless, the defendant did not pay the above money to the plaintiff, and since the plaintiff's consent is not effective as a condition obsive, the defendant eventually transferred the right of lease to the store of this case without the plaintiff's consent.

Accordingly, the Plaintiff terminates the instant lease agreement on the grounds of the Defendant’s nonperformance of obligation as above.

② Also, the instant lease agreement was terminated upon the expiration of the lease term.

Therefore, the Defendant is obligated to deliver the instant store to the Plaintiff and pay the Plaintiff the rent or unjust enrichment equivalent to the rent in proportion to KRW 2,200,000 per month from July 1, 2016 to the completion date of delivery of the said store.

(b).