1.The judgment of the first instance shall be modified as follows:

The defendant shall be the plaintiff and the building indicated in the attached list 1.

1. Facts of recognition;

A. On December 20, 2012, the Plaintiff entered into a lease agreement with the Defendant (hereinafter “instant lease agreement”) with the terms that the instant building is to be leased with a deposit of KRW 30 million, monthly rent of KRW 2 million, the payment date of the rent of KRW 200,000,000, monthly payment date of the rent of KRW 20,000, and the term of the lease from December 30, 2012 to December 36, 2012.

B. Meanwhile, the Defendant raised and paid the above lease deposit amount of KRW 30 million from F, and in fact, the name of the lessee was F. In order to operate the restaurant from the building of this case, the Defendant was registered as the lessee after separately preparing the lease contract (No. 2) to operate the restaurant from the building of this case.

C. The Plaintiff received lease deposit from the Defendant who received funds from F at the time of the conclusion of the instant lease agreement, and delivered the instant building to the Defendant. From around that time, the Defendant is operating a restaurant (hereinafter “instant restaurant”) with the trade name “C” in the instant building from the time to the time.

The Defendant paid the Plaintiff KRW 2 million out of the rent of KRW 2 million to be paid on November 20, 2014, to the Plaintiff, KRW 1.5 million on December 18, 2014, and KRW 300,000 on December 21, 201, and did not pay the Plaintiff by not later than the filing of the instant lawsuit.

E. On April 14, 2015, a copy of the instant complaint containing the Plaintiff’s declaration of intent to terminate the instant lease agreement on the grounds of the Defendant’s delinquency in rent more than two years was served on the Defendant.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 8, purport of whole pleading

2. According to the above facts of determination as to the cause of the claim, even if the holder of a lessee under the lease agreement of this case is F, the defendant also has the authority to receive the obligation to pay rent as the actual lessee and the notification of termination, and the defendant is at least two.