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 reasons for the court’s explanation concerning this case are as follows, except for the addition or supplement of the judgment of the court of first instance under Article 420 of the Civil Procedure Act. Thus, the court’s explanation concerning this case is acceptable in accordance with the main sentence of Article 420 of the

2. Additional or supplementary judgment

A. The defendant's assertion that the building of this case increased the objective value of the building of this case by completing the repair and extension work with the cost of KRW 86,215,500 for the building of this case with the permission of the plaintiff, and the defendant has a lien on the building of this case on the ground of the right to claim reimbursement of beneficial costs. Thus, the plaintiff's claim of this case

B. The Plaintiff leased the instant building to D, and the Defendant obtained consent to use the instant building from the lessee D and used the instant building.

Since the occupancy and use relationship of the above building is based on the above lease relationship, the issue of repayment of expenses incurred by D or the defendant in relation to the housing of this case should be resolved by the lease agreement relationship between the plaintiff and the plaintiff.

According to Article 5 (Termination of Contract No. 1) of the lease contract of this case (Evidence 1), "if a lease contract is terminated, the lessee shall restore the property to its original state and return it to the lessor." This can be deemed as a special agreement to the effect that the lessee has waived the right to demand reimbursement of various beneficial or necessary expenses incurred in the building of this case.

(see, e.g., Supreme Court Decisions 73Da2010, Apr. 22, 1975; 2012Da3609, Mar. 29, 2012). Although there is a special agreement that “the alteration of a building shall not be affected by the restoration of the building to its original condition,” the said special agreement means that the lessor is understood even if the lessee fails to perform his/her duty under the premise of the lessee’s restoration. Therefore, the lessee’s right to demand reimbursement, such as beneficial cost, etc., in the instant lease agreement.