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

The purport of the claim and appeal is the purport of the appeal.

A. The Defendant is a licensed real estate agent operating real estate brokerage business under the trade name of “C Licensed Real Estate Agent Office,” and Nonparty D was engaged in alcoholic beverage sales business under the trade name of “G” from the 1st floor F of the building in Young-gu, Suwon-gu, Suwon-si (hereinafter “instant commercial building”).

B. On August 8, 2014, the Plaintiff entered into a lease agreement with D to lease the instant commercial building by setting the deposit amount of KRW 40 million between D and D, monthly rent of KRW 2 million, and the term of lease from September 21, 2014 to September 20, 2016 (hereinafter “instant lease agreement”).

Meanwhile, apart from the conclusion of the instant lease agreement at the time, the Plaintiff entered into a contract with D to pay KRW 20 million to D as premium for the instant commercial building (hereinafter “the instant premium contract”), and around that time, paid KRW 20 million to D.

C. However, on July 22, 2014, prior to the instant lease agreement, D entered into a contract to sell the instant commercial building to H, and completed the registration of ownership transfer to H on September 12, 2014.

On September 12, 2014, the Plaintiff entered into a new lease agreement with the Defendant with the same content as the instant lease agreement, such as deposit, monthly rent, lease term, etc. as the Defendant’s brokerage. In the context of the special agreement of the lease agreement made at the time, the Plaintiff stated that “a lessee does not demand any facility cost or premium to a lessor in any case.”

After that, while the Plaintiff newly operated the beauty art room by newly operating the beauty art room in the instant commercial building, the term of the lease contract with H has been renewed by the same terms and conditions as the above lease contract with H, and was extended until September 25, 2020.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6, 11, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion ① The Plaintiff is the owner of the instant commercial building.