건물명도 등 청구
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the following addition. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. In addition to the judgments of the first instance court, the following shall be added to the third-party decisions of the first instance court:
Article 5 (3) of the lease agreement of this case provides that "the defendant shall not change or alter the object without the plaintiff's prior consent, and the facilities necessary for the operation of the charging station shall be established after consultation with the plaintiff, and the plaintiff shall bear ownership." Article 8 (1) of the lease agreement of this case provides that "the defendant shall not change the structure of the filling station and install or remove the facilities which seriously affect the basic structure of the filling station without the plaintiff's consent." Article 8 (2) of the same Act provides that "the defendant may install and remove the facilities installed and removed due to the necessity of the charging station business at his cost with the consent of the plaintiff in advance." Article 11 (2) of the same Act provides that "Where the contract is terminated, the defendant shall restore the filling station at his own expense and order the plaintiff to restore the filling station at his own expense." In full view of these provisions, the defendant shall consult with the plaintiff or obtain the plaintiff's consent to install the facilities necessary for the operation of the filling station, but the defendant shall not be obliged to recover the above facilities at his own expense.