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

Purport of claim and appeal

The first instance court.

A. On January 22, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant to purchase the three floors of Mapo-gu Seoul Metropolitan Building (hereinafter “instant store”) at KRW 30,000,000, monthly rent of KRW 4,070,000, lease purpose office, lease period of KRW 2 years from March 9, 2014 to March 8, 2016, and rent of KRW 8,000,000, which includes a special agreement that the Plaintiff would purchase at KRW 5,50,000 (hereinafter “instant lease agreement”).

B. On February 6, 2014, the Plaintiff paid the Defendant KRW 35,500,000 in total for the lease deposit and the costs of heating and cooling equipment (i.e., the lease deposit of KRW 30,000,000 for the heating and cooling equipment of KRW 5,500,000). On April 11, 2014, the Plaintiff paid KRW 4,070,000 for the rent of KRW 4,070 (one month from March 9, 2014 to April 8, 2014).

C. On April 24, 2014, the Plaintiff requested the Defendant to change the use under the Building Act of the instant store from “private teaching institutes” to “Class II neighborhood living facilities (offices), but the Defendant did not comply with the request on the ground that the use is not subject to alteration.

The current status of the building ledger of the instant building is the retail store of one floor (139.53 square meters), parking lot (53.42 square meters), 2-story general restaurant (140.97 square meters), 3-story living facilities (17.37 square meters), 3-story private teaching institutes (17.37 square meters), 4-story private teaching institutes (17.37 square meters), 2-class neighborhood living facilities (pharmaceutical sales stores, 177.37 square meters), 6-story offices (185.07 square meters), and 185.2-class neighborhood living facilities (17.07 square meters). The main purpose of the building ledger of the instant building is “nive living facilities and educational and research facilities”.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 3, 7 to 9, and the purport of the whole pleadings

2. The Plaintiff asserted that the Plaintiff entered into the instant lease agreement for the purpose of running the business of selling medical appliances or repairing medical appliances. At the time of entering into the instant lease agreement, the Defendant decided to change the use of the instant store so that the instant store may engage in the business of selling medical appliances, etc.