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

1. Basic facts

A. On November 15, 2012, the Plaintiff and C concluded a real estate lease agreement with the Defendant to jointly lease (hereinafter “first lease agreement”) with the term of KRW 15 million, monthly rent of KRW 1.3 million, and the term of lease from November 15, 2012 to November 14, 2013, the Plaintiff and C paid KRW 15 million to the Defendant. However, after the lapse of about 10 days from the date of the first lease agreement, the Defendant entered into a lease agreement with C and E to lease the instant commercial building with the same content as the first lease agreement (hereinafter “second lease agreement”). After the lapse of about 10 days from the date of the first lease agreement, the Defendant again entered into a lease agreement with C and E (hereinafter “the second lease agreement”). The second lease agreement with E and the second lease agreement were later concluded.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 2, F's testimony of witness of the first instance court, testimony of witness E of the party in question, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the obligation of the Plaintiff and C pursuant to the first lease agreement to jointly use and benefit from the same object and the first lease agreement was terminated as the obligation of the Defendant under the second lease agreement to jointly use and benefit from the same object was impossible due to the use and benefit of the commercial building in this case. Thus, the Defendant is obligated to pay to the Plaintiff, a joint lessee under the first lease agreement, 7.5 million won (15 million won x 1/2) equivalent to the Plaintiff’s share out of the deposit for lease, and damages for delay.

3. Judgment on the defendant's assertion

A. The summary of the argument is that if the plaintiff does not naturally lose his status as a joint lessee of the first lease agreement, the defendant shall be deemed as a joint lessee of the second lease agreement. Therefore, the plaintiff shall be deemed as a joint lessee of the second lease agreement.