1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is a project established pursuant to the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of the Korea Asset Management Corporation, and was delegated by the Ministry of Finance and Economy, the managing authority, with the authority to manage and dispose of each real estate listed in the separate sheet 1 and 2, as well as to preserve and collect claims.

B. On March 2010, the Plaintiff and the Defendant concluded a loan agreement, setting annual loan charges of KRW 9,724,430 with respect to the instant real estate, and concluded the loan agreement on August 3, 2015, to renew the said loan agreement (hereinafter “instant loan agreement”), and the main contents are as follows.

Article 2 (Period of Loan) The loan period shall be from May 6, 2015 to May 5, 2020 (five years).

Article 3 (Loan Charges) The annual rent shall be 10,000,000 won per annum (Won 11,116,130-) and the annual rent shall be 10,000,000 won (Won 11,116,130-). However, the rent for the following year shall be determined annually pursuant to Articles 29 and 31 of the Enforcement Decree of the State Property Act.

Article 8 (Cancellation or Termination of Loan Agreements) In any of the following cases, the borrower may cancel or terminate this Agreement:

5. Where the loan recipient violates other Acts and subordinate statutes related to State property and this contract provisions, and the loan period under Article 11 (Return of Loan Property) expires or such contract is terminated or terminated, the borrower shall restore the loan property to its original state by the deadline designated by the lender and return it in the presence of the borrower.

C. On September 2015, the Plaintiff and the Defendant entered into an agreement on the construction and removal of a temporary building with respect to the construction of 1,592.37 square meters and 322.56 square meters in a 3-story model house on the instant real estate’s land and the temporary office of 1,592.37 square meters on the instant real estate’s land (hereinafter collectively referred to as the “instant building”).

The above agreement also expires for the retention period of a temporary building whose lease period expires.