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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for the following additional portions, and thus, it is acceptable to accept it as it is by the main sentence of Article 420 of the Civil Procedure Act.
2. The addition;
A. (1) The Defendant asserted that the instant land in which a vinyl was installed was leased to the previous lessee, and paid KRW 120 million for the premium to the previous lessee. Even after the lease, additional facilities were installed in the vinyl house, and trees were planted.
This is because it was intended to guarantee the long-term lease to the plaintiffs.
Therefore, it is against the concept of justice that the plaintiffs' refusal to renew the lease so that the defendant can not recover the premium and the time facility.
The defendant has already paid the difference to the plaintiffs until August 2020.
(2) On the sole basis of the statement No. 4-1 to No. 3, it is insufficient to recognize that the plaintiffs guaranteed the defendant with a long-term lease period (other than four years of lease period stipulated in the instant lease agreement). There is no other evidence to acknowledge it.
It is difficult to view that the Plaintiff’s claim for return, etc. of each of the instant lands on the ground of the termination of lease solely on the ground that the Defendant spent premium or facility expenses.
According to the evidence No. 5, the defendant's deposit of KRW 12 million with the plaintiff's account is recognized, but it cannot be viewed that the period of lease is extended due to the defendant's unilateral act.
The above argument of the defendant is without merit.
B. (1) If the Defendant’s assertion refuses to renew the lease agreement of this case, the Defendant is entitled to exercise the right to purchase under Article 643 of the Civil Act on each of the land of this case.
(2) The judgment is a building.