건물명도
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 judgment of this court citing the judgment of the court of first instance is as stated in the judgment of the court of first instance, except for a case where the part concerning the defendant's argument on April 2 to 13th, of the judgment of the court of first instance concerning "the judgment on the defendant's argument" is reversed as follows. Thus, it is acceptable as it is in accordance with the main sentence of Article
2. Judgment on the defendant's assertion
A. The gist of the assertion 1) At the time of concluding the instant lease agreement, the Plaintiff knew that the Defendant leased each of the instant real estate in order to conduct the Oral Camping Business, and for this purpose, the Plaintiff’s land (hereinafter “each of the instant land”) owned by the Korea Rural Community Corporation is called “the site for the instant rural Community Corporation” as well as “the site for the instant rural Community Corporation.”
(2) Although the Plaintiff did not perform the obligation under the instant lease agreement, the Defendant was exempted from the obligation to pay rent under the instant lease agreement, and instead, the Defendant rescinded the instant lease agreement on the ground of the Plaintiff’s nonperformance. (2) If the instant lease agreement does not include the site for the instant rural construction project on the object of the instant lease agreement, the Defendant entered into the instant lease agreement due to the mistake that the instant site was included in the indication of the leased agreement object, namely, the mistake on the indication of the leased object, that is, the instant building site was omitted. This constitutes an important part of the contract, and thus, the Defendant is revoked on the ground that it constitutes an important part of the contract.
Even if the above indication error is not acknowledged, the Defendant’s intent to operate a camping site business on the site of rural construction project under the instant lease agreement was an important motive for entering into the instant lease agreement, and the motive was indicated to the Plaintiff, so the Defendant’s intention was revoked on the grounds of motive mistake.
3. This shall also apply.